Weiss-Jenkins IV LLC v. Utrecht Manufacturing Corporation

Filing 90

FINAL JUDGMENT in favor of Weiss-Jenkins IV LLC against Dick Blick Holdings, Inc., Utrecht Manufacturing Corporation by Judge Robert S. Lasnik. (AD)

THE HONORABLE ROBERT S. LASNIK

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WEISS-JENKINS IV, LLC, a Washington
limited liability company,

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Plaintiff,

No. 2:14-cv-00954-RSL
FINAL JUDGMENT

v.
UTRECHT MANUFACTURING
CORPORATION, a Delaware corporation; and
DICK BLICK HOLDINGS, INC., a Delaware
corporation,

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Defendants.
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SUMMARY OF JUDGMENT
1. Judgment Creditor:

Weiss-Company IV, f/k/a Weiss-Jenkins IV

2. Judgment Creditor’s Attorney:

Davis Wright Tremaine LLP
Rhys M. Farren
777 108th Avenue NE, Suite 2300
Bellevue, WA 98004-5149

3. Judgment Debtors:

Dick Blick Holdings, Inc.; and
Utrecht Manufacturing Corporation

4. Judgment Debtor’s Attorney:

Stephen C. Willey
Savitt Bruce & Willey LLP
1425 Fourth Avenue, Suite 800
Seattle, WA 98101-2272

5. Judgment Amount:

$826,483.93

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FINAL JUDGMENT - 1

Davis Wright Tremaine LLP
L AW O FFICE S
777 108th Avenue NE, Suite 2300
Bellevue, WA 98004-5149
425.646.6100 main · 425.646.6199 fax

6. Prejudgment Interest:

$135,427.37 as of May 31, 2016, plus continuing
prejudgment interest at the per diem rate of $204.47
to accrue on the principal judgment amount each day
after May 31, 2016 until final judgment is entered.

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7. Post-Judgment Interest Rate:

12% per annum.

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8. Attorneys’ Fees:

Plaintiff may file a request for reasonable attorney’s
fees and costs pursuant to Fed. R. Civ. P.
54(d)(2)(B).

9. Costs:

Costs awarded to Plaintiff.

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BASIS OF JUDGMENT

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The parties to this action are Plaintiff Weiss-Jenkins IV, a Washington limited liability

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company, now known as Weiss-Company IV (“Weiss”); and Defendants Utrecht

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Manufacturing Corporation (“Utrecht”) and Dick Blick Holdings, Inc. (“Blick”) (together,

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“Utrecht/Blick”). Plaintiff is represented by Davis Wright Tremaine LLP and Rhys M. Farren.

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Defendants are represented by Savitt, Bruce & Willey, and Stephen Willey.

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This Court previously entered an Order Granting in Part Plaintiff’s Motion for Partial
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Summary Judgment (Sept. 14, 2015) (the “PSJ Order”) [ECF No. 56]. In the PSJ Order, the
Court ruled as follows:
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Defendants are liable for lost rents between July 2013 and the time the premises
were relet, plus any shortfall in the rental amount received between the reletting
and February 2018;

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Plaintiff may also seek to recover other contractual and consequential damages
caused by Defendants’ breach; and

3.

Defendants’ affirmative defenses of failure to state a claim, unjust enrichment,
waiver, estoppel, unclean hands, failure to mitigate, and set-off are STRICKEN.

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See PSJ Order, at 7. The enumerated affirmative defenses dismissed were the only affirmative
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defenses set forth in the Defendants’ Answer to the Amended Complaint [ECF No. 23]. All
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other affirmative defenses were either adjudicated or dismissed, and there are no remaining
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defenses to liability and no further affirmative defenses remaining in this case. The PSJ Order,
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FINAL JUDGMENT - 2

Davis Wright Tremaine LLP
L AW O FFICE S
777 108th Avenue NE, Suite 2300
Bellevue, WA 98004-5149
425.646.6100 main · 425.646.6199 fax

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and the documents, pleadings and evidence considered by the Court in making that ruling, are

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incorporated herein.

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Plaintiff Weiss filed a Motion for Summary and Final Judgment (the “Final SJ

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Motion”). This Court has reviewed the following pleadings in connection with that Motion:

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1.

Plaintiff’s Motion for Summary and Final Judgment [ECF No. 72];

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2.

Second Declaration of Eric Weiss and accompanying exhibits [ECF No. 73];

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3.

Declaration of Abigail Dunne and accompanying exhibits [ECF No. 74];

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4.

Defendants’ Response to Motion for Summary and Final Judgment [ECF No.

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Declaration of Stephen Willey in Support of Defendants’ Opposition to

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75];

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Plaintiff’s Motion for Summary Judgment [ECF No. 76];
6.

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Plaintiff’s Reply to Response on Motion for Summary and Final Judgment [ECF

No. 77];
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Second Declaration of Frederic Weiss and accompanying exhibits [ECF No.

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Declaration of Kelly Jenkins [ECF No. 79];

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Declaration of Rhys M. Farren in Support of Reply [ECF No. 80];

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Third Declaration of Eric Weiss and accompanying exhibits [ECF No. 81]; and

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11.

The files on record herein.

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The Court then issued an Order Granting in Part Plaintiff’s Motion [ECF No. 83] (the

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78];

“5/24/2016 Order”), which 5/24/2016 Order is incorporated herein by this reference.
The Court ruled that there was no genuine issue of material fact and that final judgment

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is appropriate as a matter of law. The Court granted the Final SJ Motion and directed entry of

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judgment as sought in the Final SJ Motion, except that the charges for anti-graffiti protection

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(reflected as $20,150.63 in re-leasing costs and expenses [ECF Dkt. # 73-7 at 1] and

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($15,941.01 in operating expenses [ECF Dkt. # 74-2 at 5]) and for pre-breach architectural

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FINAL JUDGMENT - 3

Davis Wright Tremaine LLP
L AW O FFICE S
777 108th Avenue NE, Suite 2300
Bellevue, WA 98004-5149
425.646.6100 main · 425.646.6199 fax

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services should be deleted from total damages. The Court also ruled that Plaintiff may file a

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request for reasonable attorney’s fees pursuant to Fed. R. Civ. P. 54(d)(2)(B).

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NOW THEREFORE,
SUMMARY JUDGMENT

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

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1.

Plaintiff’s Motion for Summary and Final Judgment is GRANTED.

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2.

A money judgment is awarded against Defendants Utrecht Manufacturing

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Corporation and Dick Blick Holdings, Inc., jointly and severally, in favor of Plaintiff in the

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principal amount of $826,483.93.

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3.

A money judgment is further awarded against Defendants Utrecht

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Manufacturing Corporation and Dick Blick Holdings, Inc., jointly and severally, in favor of

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Plaintiff for prejudgment interest in the amount of $135,427.37 as of May 31, 2016. The

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principal judgment shall continue to accrue interest at the per diem rate of $204.47 until final

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judgment is entered.

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4.

Plaintiff is the prevailing party in this action, and pursuant to the parties’

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contract, it shall be awarded its reasonable attorneys’ fees and costs in this action. Plaintiff

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shall be entitled to file and serve an application for a determination of reasonable attorneys’

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fees and costs pursuant to Fed. R. Civ. P. 54(d)(2)(B), and any attorneys’ fee award shall be a

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judgment against the Defendants, jointly and severally.

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5.

Plaintiff is awarded costs upon filing a cost bill under Fed. R. Civ. P. 54(d)(1).

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6.

The judgment for principal award of damages and prejudgment interest shall be

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a final judgment; provided that, Plaintiff shall be entitled to submit a supplemental award to

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include the final amount of attorneys’ fees and costs awarded in this action against the

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Defendants.

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FINAL JUDGMENT - 4

Davis Wright Tremaine LLP
L AW O FFICE S
777 108th Avenue NE, Suite 2300
Bellevue, WA 98004-5149
425.646.6100 main · 425.646.6199 fax

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Dated this 8th day of June, 2016.

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A

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Honorable Robert S. Lasnik
United States District Court Judge

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Presented by:

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DAVIS WRIGHT TREMAINE LLP
Attorneys for Plaintiff Weiss-Jenkins IV LLC

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By: /s/ Rhys M. Farren
Rhys M. Farren, WSBA #19398
777 108th Avenue NE, Suite 2300
Bellevue, WA 98004
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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FINAL JUDGMENT - 5

Davis Wright Tremaine LLP
L AW O FFICE S
777 108th Avenue NE, Suite 2300
Bellevue, WA 98004-5149
425.646.6100 main · 425.646.6199 fax