In Re: LLS America LLC - Kriegman v. Szalay) BK Adv Proceeding No 11-80097-PCW11

Filing 65

STIPULATED JUDGMENT AGAINST DEFENDANT 377897 BC LTD; in favor of Bruce P. Kriegman. Signed by Chief Judge Rosanna Malouf Peterson. (CC, Case Administrator)

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1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 In Re: NO: CV-13-11-RMP 8 LLS AMERICA, LLC, Bankr. Case No. 09-06194-PCW11 Debtor, 9 10 11 BRUCE P. KRIEGMAN, solely in his capacity as court-appointed Chapter 11 Trustee for LLS America, LLC, 12 Plaintiff, Adv. Proc. No. 11-80097-PCW11 STIPULATED JUDGMENT AGAINST DEFENDANT 377897 BC, LTD v. 13 14 MOHSEN BAGHERIAN, et al., Defendants. 15 16 17 JUDGMENT SUMMARY 1. Judgment Creditor: Bruce P. Kriegman, Liquidating Trustee for LLS America, LLC, as consolidated 18 19 2. Attorneys for Judgment Creditor: Witherspoon Kelley 20 STIPULATED JUDGMENT AGAINST DEFENDANT 377897 BC, LTD ~ 1 1 3. Judgment Debtor: 377897 BC, LTD. 2 4. Attorneys for Judgment Debtor: Foster Pepper, PLLC 4 5. Judgment Amount (Principal): $550,000.00 CAD 5 6. Interest Rate on Judgment: .09% (28 U.S.C. § 1961) 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I. STIPULATION Plaintiff Bruce P. Kriegman, solely in his capacity as the Trustee under the Liquidating Trust established pursuant to the confirmed Chapter 11 Plan of LLS America, LLC (“Plaintiff”), by and through his undersigned counsel, and 377897 BC, Ltd. (“Defendant”), by and through its undersigned counsel, pursuant to the terms of their duly executed settlement agreement, stipulate to the entry of judgment against Defendant in favor of Plaintiff in the principal amount of $550,000.00 in Canadian dollars, with interest accruing thereon at the United States Federal judgment rate pursuant to 28 U.S.C. § 1961(a), which is currently .09% per annum, to be compounded annually. Defendant further stipulates pursuant to the terms of its duly executed settlement agreement that this is a final, non-appealable judgment and that it has no rights of any kind to appeal this judgment after it is entered. Defendant further 20 STIPULATED JUDGMENT AGAINST DEFENDANT 377897 BC, LTD ~ 2 1 covenants and agrees that the Judgment shall be fully enforceable in Canada and 2 waives all rights to contest the Judgment on any basis. 3 4 Stipulated this 30th day of May, 2014. WITHERSPOON KELLEY 5 6 /s/ Shelley N. Ripley Shelley N. Ripley, WSBA No. 28901 Attorneys for Plaintiff 7 8 FOSTER PEPPER, PLLC 377897 BC, LTD. s/ Dillon Jackson Dillon Jackson, WSBA No. 1539 Attorneys for Defendant By: s/ Murray Johns MURRAY JOHNS, President 9 10 11 12 II. JUDGMENT 13 Based upon the above Stipulation of the parties, IT IS HEREBY ORDERED 14 that Plaintiff Bruce P. Kriegman, solely in his capacity as the Trustee under the 15 Liquidating Trust established pursuant to the confirmed Chapter 11 Plan of LLS 16 America, LLC, is awarded judgment against Defendant 377897 BC, Ltd., in the 17 principal sum of $550,000.00 in Canadian dollars. Interest shall accrue on this 18 judgment at the rate of .09% per annum, to be compounded annually, pursuant to 19 28 U.S.C. § 1961. 20 STIPULATED JUDGMENT AGAINST DEFENDANT 377897 BC, LTD ~ 3 1 It is further ordered that this Judgment is non-appealable pursuant to the 2 parties’ stipulation, the Judgment shall be fully enforceable in Canada, and 3 Defendant waives all rights to contest the Judgment on any basis. 4 IT IS SO ORDERED. 5 The District Court Clerk is hereby directed to enter this Judgment and to 6 7 provide copies to counsel. DATED this 10th day of July 2014. 8 9 10 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON Chief United States District Court Judge 11 12 13 14 15 16 17 18 19 20 STIPULATED JUDGMENT AGAINST DEFENDANT 377897 BC, LTD ~ 4

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