SunTrust Banks, Inc v. Be Yachts, LLC et al

Filing 60

PRETRIAL ORDER signed by Judge Marsha J. Pechman. (PM)

1.

THE HONORABLE MARSHA J. PECHMAN

2.
3.
4.
5.
6.

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7.
8.
9.

SUNTRUST BANKS, INC., a Georgia
Corporation,

IN ADMIRALTY

10.

12.
13.
14.
15.

Case No.: 2:18-CV-00840

Plaintiff,

11.

PRETRIAL ORDER

vs.
BE YACHTS, LLC, a Washington Limited
Liability Company, along with its officers,
shareholders, executives and directors, and
EDWARD BALASSANIAN, individually.

16.

Defendants.

17.
18.
JURISDICTION

19.
20.

This is an admiralty and maritime claim within the meaning of Rule 9(h). This Court has

21.

original jurisdiction over this matter in accordance with the provisions of 46 U.S.C. §31325(c).

22.

Because Plaintiff and Defendants are all citizens or legal entities residing in different states, and

23.

the amount in controversy is in excess of $75,000, this Court has diversity jurisdiction over this

24.

civil action under 28 U.S.C. §1332. This Court also subject matter jurisdiction over this admiralty

25.

action for breach of a First Preferred Ships Mortgage under 28 U.S.C. §1333.

26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 1 of 22

1.
CLAIMS AND DEFENSES

2.
3.
4.

The plaintiff will pursue at trial the following claims:
1. Breach of Contract

5.

The plaintiff will assert at trial the following affirmative defenses:

6.

1. Failure to state a claim for which relief can be granted;

7.

2. Full performance of contractual and statutory duties.

8.
9.
10.

The defendant will pursue the following affirmative defenses and/or counterclaims:.
Counterclaims

11.
12.
13.
14.

1.

Failure to Hold a Commercially Reasonable Sale under RCW 62A.9A-610

and related statutes.
2.

Damages and Rights Under RCW 62A.9A-625 and related law.
Affirmative Defenses

15.
16.
17.
18.
19.
20.

1.

Failure to Mitigate Damages. Plaintiff has a duty to mitigate its damages, if any;

to the extent it has not, its damages, if any, should be barred or reduced accordingly.
2.

Offset/Setoff. Plaintiff’s claims are barred, in whole or in part, by the doctrine of

offset or set-off.
3.

Unclean Hands. Plaintiff’s claims fail, in whole or in part, based on the doctrine

21.
22.

of clean hands.

23.
ADMITTED FACTS

24.
25.
26.

The following facts are admitted by the parties:
1.

On January 29, 2013 Defendants executed a Marine Installment Note.

PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 2 of 22

1.

2.

the purchase a 2012 Sunseeker International Manhattan 63 Motor Yacht.

2.
3.

3.

4.

5.

6.

7.

8.

9.

After Defendants redeemed their default in February of 2015, Defendants again began
to miss payments.

16.
17.

Defendants defaulted on their obligations in late 2014 and the Vessel was repossessed
on February 3, 2015.

14.
15.

Defendants agreed to repay the $1,800,000.00 they borrowed from SunTrust in 240
monthly installments of $11,632.02 commencing on March 1, 2013.

12.
13.

The Marine Installment Note, First Preferred Ship Mortgage, and Borrowing and
Guaranty Resolution are all valid contracts.

10.
11.

Defendant Balassanian also signed a Borrowing and Guaranty Resolution personally
guaranteeing the debt.

8.
9.

The loan was also secured by a First Preferred Ship Mortgage which Defendants
executed.

6.
7.

SunTrust paid $1,800,000 to Rick Obey & Associates on behalf of Defendants to
fulfill their obligations under the purchase contract for the Vessel.

4.
5.

Defendants agreed to repay $1,800,000.00 to SunTrust for the funds it provided for

10.

Defendants defaulted under the terms of the Installment Note on November 16, 2015
and failed to correct the default.

18.
19.

11.

As a result of Defendants’ default, SunTrust exercised its right to accelerate the loan.

20.

12.

The vessel at issue (“Just Be”) was repossessed on February 12, 2016.

21.

13.

On or about February 17, 2016 SunTrust mailed a letter to Defendants which stated in
the subject line “Notice of Our Plan To Sell Property”.

22.
23.

14.

SunTrust received a letter from Fred Robinson dated February 24, 2016.

24.

15.

SunTrust or its agents commissioned Bill Evans of Blue Water Marine Surveyors to
perform a survey on the Just Be on or about February 23, 2016.

25.
26.

16.

SunTrust or its agents commissioned Charles Solarek of CWS Maritime Services to

PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 3 of 22

1.

perform a survey on the Just Be on or about June 9, 2016.

2.

In January 2017, Dean Jones commissioned a pre-purchase condition and valuation

3.

survey of the Just Be by Bill Evans of Blue Water Marine Surveyors.

4.

On or about March 24, 2017 SunTrust mailed a letter to Defendants which stated in

5.

the subject line “Explanation of Calculation of Deficiency or (Surplus)”.

6.

Defendants did not pay the deficiency stated in the March 24, 2017 letter from

7.

SunTrust.

8.

SunTrust Financed the loan for Dean Jones to buy the Just Be.

9.

Edward Balassanian used Just Be as a principal dwelling for a period of time.

10.

Rick Young is not licensed as a vessel dealer in Washington State.

11.

Rick Young has sold fewer than 5 boats in Washington State

.

12.
13.
ISSUES OF LAW

14.

The parties agree on the following issues of law:

15.
16.

1. Whether SunTrust was damaged by Defendants’ breach of the installment note.

17.

2. Whether SunTrust mitigated its alleged damages.

18.

3. Whether SunTrust violated RCW 62A.9A-610, which mandates that every aspect of a

19.

disposition of collateral, including the method, manner, time, place, and other terms, must

20.

be commercially reasonable.

21.

4. Whether Balassanian is entitled to damages under RCW 62A.9A-625.

22.

5. Whether the Just Be was a “consumer good” as referenced in RCW 62A.9A-625

23.
Plaintiff contends that the following are additional issues of law to be determined by the

24.
25.
26.

court:
1. The issues relevant to whether SunTrust violated RCW 62A.9A-610 are:
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 4 of 22

a. Whether SunTrust made efforts to reach segments of the public reasonably

1.

expected to have an interest in bidding on the vessel;

2.

b. whether SunTrust engaged in an analysis to determine a fair market price for the

3.

vessel.

4.
5.

c. whether the sale conformed to commercially reasonable standards; and

6.

d. whether the means and methods of the disposition were overall reasonable under
the circumstances.

7.
8.

2. Whether damages under 62A.9A-625(c)(2) are permissive.

9.

3. Whether the phrase “credit service charge” in RCW 62A.9A-625(c)(2) refers to the

10.

estimated “Finance Charge” at time of loan origination or accrued interest at the time of

11.

loan charge off.

12.

4. Whether Defendant’s counterclaims fail to state a claim for relief.

13.
14.
15.

Defendant contends that the following are the additional issues of law to be determined by
the court:

16.

Defendant agrees that whether SunTrust made efforts to reach segments of the public

17.

reasonably expected to have an interest in bidding on the vessel and whether SunTrust engaged in

18.

an analysis to determine a fair market price for the vessel are part of the analysis, but are not in

19.

isolation the only metrics to be considered in determining commercial reasonableness. Defendants

20.

contend that additional issues of law to be determined by the Court are:

21.
22.

1. Whether SunTrust used its best efforts to sell the collateral for the highest price.

23.

2. Whether SunTrust acted like a fiduciary in its handling of the marketing and disposition of

24.
25.
26.

the collateral.
3. Whether SunTrust has rebutted the presumption that the value of the collateral is equal to
the outstanding debt.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 5 of 22

1.

4. Whether SunTrust has met its burden of proof.

2.

5. Whether SunTrust's conduct constitutes unclean hands and/or a basis for an equitable
offset.

3.
4.

EXPERT WITNESSES

5.

(a) Each party shall be limited to one expert witness (per LCR 43(j)) on the issues of

6.
7.

commercial reasonableness. Plaintiff contends that under the local rule, Defendants are limited to

8.

one expert for trial on this entire issue. Defendants contend that they are entitled to present

9.

expert testimony on the issue from the expertise of a vessel broker and from the expertise of a

10.

marine surveyor.
(b) The name(s) and addresses of the expert witness(es) to be used by each party at the

11.
12.

trial and the issue upon which each will testify is:

13.

(1) On behalf of Plaintiff: None.

14.

(2) On behalf of Defendants:

15.

1.

17.

Ron Reisner
R. Reisner & Associates, LLC
1315 Clarabelle Drive
Morro Bay, CA 93442

18.

Will testify. Mr. Reisner is expected to testify regarding the opinions in his expert report

16.

19.
20.
21.
22.
23.
24.
25.

and supplementary report and topics discussed during his deposition.
2.

Neil Emmott
2711 NE 14th Street
Fort Lauderdale, FL
33304
Will testify. Mr. Emmott is expected to testify regarding the opinions in his updated

expert report and topics discussed during his deposition.
OTHER WITNESSES

26.
PRETRIAL ORDER

Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 6 of 22

The names and addresses of witnesses, other than experts, to be used by each party at the

1.
2.

time of trial and the general nature of the testimony of each are:
(a) On behalf of plaintiff:

3.
4.
5.

1.

6.
7.

Buck Fowler – Managing Member
Marine Lenders Services, LLC, dba: Waypoint Marine Group
Jacobson Terminals, 5350 30th Ave NW
Seattle, WA 98107
Will Testify. Mr. Fowler is expected to testify about the recovery, storage, marketing, sale,

8.
9.
10.

and liquidation of Balassanian’s Motor Yacht JUST BE.
2.

11.
12.

Will Testify. Mr. Young is expected to testify about the recovery, storage, marketing, sale,

13.
14.
15.

and liquidation of Balassanian’s Motor Yacht JUST BE.
3.

16.
17.
18.
19.
20.
21.
22.
23.
24.
25.

Rick Young – National Sales Director
Denison Yacht Sales, Inc.
850 N.E. 3rd Street, #205
Dania Beach, FL 33004

Brandy Thore – Repossession Coordinator Manager
SunTrust Banks, Inc.
c/o International Maritime Group, PLLC
800 Fifth Ave, Suite 4100 Seattle, WA 98104
Dania Beach, FL 33004
Will Testify. Ms. Thore is expected to testify about the recovery, repair, storage, and

liquidation of Balassanian’s Motor Yacht JUST BE.
4.

Don Beaumont – Owner
Nielson Beaumont Marine, Inc.
2420 Shelter Island Drive
San Diego, CA 92106
Will Testify. Mr. Beaumont is expected to testify about the recovery, repair, storage, and

liquidation of Balassanian’s Motor Yacht JUST BE.

26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 7 of 22

(b) On behalf of defendant:

1.
2.
1.

3.
4.
5.

Edward Balassanian
c/o Anna Johnsen Law
1420 Fifth Ave, Suite 2200
Seattle, WA 98101
Will testify. Mr. Balassanian is expected to testify about Be Yachts, LLC, how Just Be

6.
7.
8.
9.
10.

was used, facts about Just Be, and his observations of the repossession, storage, marketing, and
sale of Just Be.
2.

John Brandenfels
12514 NE 65th St.
Kirkland, WA 98033
[phone]

11.
12.
13.
14.

Will testify. John Brandenfels is expected to testify about how Just Be was used, facts
about Just Be, and his observations of the repossession, storage, marketing, and sale of Just Be.

16.

Fred Robinson
11027 Marine View Dr. SW
Seattle, WA 98146

17.

Will testify. Fred Robinson is expected to testify about his interactions with SunTrust,

18.

Nielsen Beaumont, and the vendors involved in this case. He is also expected to testify about his

19.

observations of the repossession, storage, marketing, and sale of Just Be.

15.

3.

20.
21.
22.
23.

4.

Catheryn Carpenter
6503 128th Pl SW
Edmonds, WA 98026
[phone]

24.
25.
26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 8 of 22

May testify. Ms. Carpenter is expected to testify about Be Yachts, LLC, how Just Be was

1.
2.
3.

used, facts about Just Be, and her observations of the repossession, storage, maintenance,
marketing, and sale of Just Be.

4.
5.

5.

6.
7.

May testify. Ms. Moore is Edward Balassanian’s accountant and has been since 2006.

8.
9.

Nancy Moore
126 SW 148th Street
Suite C100-245
Seattle, WA 98166

She has entered every value related to his businesses. She will testify that the Just Be was never

10.

used for commercial purposes and the Be Yachts, LLC never carried on any business or

11.

generated any income. If it is determined prior to trial that Just Be is a consumer good, then Mrs.

12.

Moore will not testify.

13.
14.
15.
16.
17.

6.

David Spencer
One Liberty Plaza
23rd Floor
New York, NY 10006
May testify. David Spencer is Edward Balassanian’s tax attorney and has knowledge of

18.

Mr. Balassanian’s tax history. He is expected to testify that Be Yachts, LLC was a pass-through

19.

entity that generated no income and that Just Be was never treated as a commercial asset or used

20.

in relation to any of the businesses with which Mr. Balassanian has been involved. Mr. Spencer

21.
22.

will also testify how an asset would appear on tax returns if it were used as a business asset. If it
is determined prior to trial that Just Be is a consumer good, then Mr. Spencer will not testify.

23.
24.

EXHIBITS

25.

Each exhibit is identified below with a number, which becomes the number for the

26.

exhibit at the trial and appears on the exhibit tag:
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 9 of 22

1.
Plaintiff’s Exhibits

2.
3.

Ex. Description

4.

#

5.

1

ST Marine

6.

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Disclosure and

8.

Admissibility

Installment Note,

7.

Authenticity

Security Agrmt.

9.

2

Ship Mortgage

10.
11.

1st Preferred

3

ST Borrowing

12.

and Guaranty

13.

Resolution

14.

4

15.
16.

Bill of Sale and
Transfer of Title

5

USCG

17.

Certificate of

18.

Documentation

19.

6

Manufacturer’s

20.

Statement of

21.

Origin as to

22.

Sunseeker

23.

Manhattan 63

24.
25.

7

2/18/15 ST
Notice of Plan to

26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 10 of 22

Objection Admitted

1.

Sell to Be Yachts

2.

& Balassanian

3.

8

BUCValupro

4.

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Report dated

5.

Stipulated

2/3/15

6.

9

Condition Report

7.
8.

2/11/16 Boat

10

3/24/17

9.

Calculation of

10.

Deficiency to

11.

Balassanian

12.

11

Katherine (NB)

13.

email to Brandy

14.

re negotiating

15.

offers to $1.1M

16.

12

9/20/16 Email

17.

from R. Young

18.

(Silver Seas)

19.

attaching offers

20.

received

21.

13

9/19/16 $1.05M

22.

Offer (Dean

23.

Jones)

24.
25.

14

7/22/16 $1.1M
Offer

26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 11 of 22

1.

15

Stipulated

Stipulated

8/26/16 Emails re Stipulated

Stipulated

Offer

2.
3.

9/15/16 $1.0M

16

4.

taking Just Be to

5.

Seattle Boat

6.

Show and

7.

approval thereof

8.

17

6/28/16 Email

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

and offer for

9.
10.

$1.1M; Brandy

11.

counter at

12.

$1.35M.

13.

18

6/15/16 Email

14.

from Brandy to

15.

reduce listing

16.

price to $1.4M

17.

19

18.
19.

4/26/16 $1.35M
Final Offer

20

4/28/16 Email

20.

from Brandy

21.

accepting

22.

$1.35M offer

23.

21

4/22 - 4/28/18

24.

Emails re

25.

$1.318M

26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 12 of 22

1.

counter-offer and

2.

requesting survey

3.

and questions re

4.

other showings

5.

22

4/22/16 Email

6.

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

and $1.255M

7.

Stipulated

Offer

8.

23

Offer

9.
10.

3/17/16 $1.0M

24

3/17/16 Email

11.

from Brandy re

12.

initial pricing of

13.

Just Be at $1.7M

14.

25

2/19/16 Email

15.

from Brandy

16.

approving

17.

Marine Surveyor

18.

26

3/8/16 Email

19.

from Katherine

20.

(NB) re

21.

inspection of

22.

bottom and

23.

cleaning as

24.

needed

25.
26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 13 of 22

1.

27

3/14/16 Email

2.

Be Valuation
3/7/16 Blue
Water Marine
Survey

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Beaumont re Just

4.

Stipulated

from Don

3.

Stipulated

5.

28

6.
7.

29

8.
9.

30

10.

Waypoint and

12.

repair Invoices

13.

(dated 4/1/16 -

14.

3/14/17)
31

16.

Agreement with

18.

Nielsen

19.

Beaumont dated

20.

22.
23.
24.

SunTrust Master
Services

17.

21.

Nielsen
Beaumont,

11.

15.

6/9/16 CWS
Maritime
Services Survey

10/23/14
32

SunTrust
Statement of
Work with
Nielsen

25.
26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 14 of 22

1.

Beaumont dated

2.

11/18/14

3.

33

Initial Report of

4.

Stipulated

Stipulated

Stipulated so long as

Washington

9.

Stipulated

28, 2013 with the

8.

Stipulated

filed on January

7.

Stipulated

Yachts, LLC,

6.

Stipulated

the entity Be

5.

Stipulated

Secretary of State

10.

34

Just Be Posting

11.

and Sold Info on

12.

Denison

13.

Yachting Online,

14.

printout dated

15.

11/21/18

16.

35

2/17/16 Invoice

17.

from Nielsen

18.

Beaumont to

19.

SunTrust

20.

36

5 photos of Just

21.

Be taken after

22.

repossession

23.

37

Boat Condition

24.

Stipulated

Stipulated

Report by

25.

redacted

Waypoint/Marine

26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 15 of 22

1.

Lender Services

2.

2/12/16

3.

38

Assignment

4.

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Be dated 1/30/15

6.

Stipulated

Details for Just

5.

Stipulated

and 2/11/16

7.

39

Nielsen

8.

Beaumont

9.

Involuntary

10.

Recovery dated

11.

2/12/16

12.

40

Nielsen

13.

Beaumont

14.

Release of

15.

Personal

16.

Property dated

17.

2/23/16; and

18.

receipts dated

19.

2/23/16, 2/13/16,

20.

2/19/16

21.

41

Full download of

22.

all SunTrust

23.

RMS Notes

24.
25.

42

Publicly
available

26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 16 of 22

1.

screenshots of

2.

Superyacht Sales

3.

and Charter

4.

vessel docks and

5.

moorage

6.

43

Publicly

Stipulated

Stipulated

Stipulated

Stipulated

Comps from May Stipulated

Stipulated

7.

available

8.

screenshots of

9.

Waypoint Marine
Docks

10.
11.

44

Yatco Newsletter

12.

Yacht Broker

13.

Agent Fees

14.

Explained

15.

45

25, 2020

16.
17.

46

18.
19.

Yachtworld

Stipulated

Stipulated

Stipulated

Stipulated

Website Articles
47

Rick Obey &

20.

Associates

21.

Buyer’s closing

22.

statement dated

23.

1/1/13

24.
25.
26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 17 of 22

1.

48

January 2017

2.

Not Stipulated
D

Blue Water

3.

Not Stipulated

Marine Survey

4.

49

Defendants’

5.

Supplemental

8.

Discovery

9.

D

Responses and

7.

Not Stipulated

Discovery

6.

Not Stipulated

Responses

10.
11.

Because there is a numbering discrepancy for exhibits numbered 32 and higher, Defendants

12.

reserve the right to object if the exhibit actually offered is different from Plaintiff’s prior

13.

representations.

14.
Defendant’s Exhibits

15.
16.

Ex. #

Description

Authenticity Admissibility Objection Admitted

17.

101

Email from Fred Robinson and

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

18.
19.

Nielsen Beaumont’s Response
102

20.
21.

Nielsen Beaumont’s Response
103

22.
23.
24.

Email from Brent Martin and

List of boats for sale at
WayPoint Marine

104

Leases and Office
Correspondence

25.
26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 18 of 22

1.

105

106

Stipulated

Be Yachts LLC documents

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

from the WA SOS

4.
5.

Stipulated

behalf of Dean Jones

2.
3.

Survey of Vessel done on

107

Purchase document showing

6.

price of Vessel was

7.

$2,461,800.00

8.

108

regarding Nielsen Beaumont

9.
10.

109

11.
12.

110

111

SunTrust Record of Payment
and Fees

112

17.
18.

Transaction Summary
Calculating Deficiency

15.
16.

Emails between Cathryn
Carpenter and Buck Fowler

13.
14.

Publicly available screenshots

Higher quality images of
produced comps

113

19.

Print Out from SunTrust
Website

20.

114

Article from Denison Yachting

21.

115

Documents from Buck Fowler’s Stipulated

22.

fraud case

Disputed

C, R, P,
E, 401,

23.

403, 404,

24.

608(b),

25.

802

26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 19 of 22

1.

116

Photos of Waypoint Marine

Stipulated

Stipulated

2.

117

Ron Reisner’s CV

Stipulated

Stipulated

3.

118

SunTrust’s Discovery

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Responses Pleading

4.
5.

119

Discovery Responses Pleading

6.
7.

SunTrust’s Supplemental

120

Invoices and Correspondence

8.

showing maintenance and

9.

upgrades

10.

121

Ron Reisner’s Expert Report

Stipulated

Stipulated

11.

122

Ron Reisner’s Supplemental

Stipulated

Disputed

N

Stipulated

Disputed

N

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

12.
13.

Expert Report
123

14.
15.

Report
124

16.
17.

125

22.

4 Screen Shots of SunTrust
RMS Notes

126

20.
21.

Correspondence sent by Fred
Robinson

18.
19.

Neil Emmott’s Updated Expert

Email from Don Beaumont to
Brandy Thore (ST0066)

127

Neil Emmott’s First Expert
Report

23.
24.
25.

The Parties’ Objection Code:

26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 20 of 22

1.

C

Character Evidence Not Admissible to Prove Conduct

2.

R

Relevance

3.

P

Probative value outweighed by unfair prejudice and confusing the issues

4.

E

Extrinsic evidence not admissible to prove specific instances of witnesses conduct

5.

N

The report is not fairly characterized as a supplemental report; it is a new report

6.

based on entirely different data and was provided after the deadline to provide

7.

expert witness reports.

8.

D

9.

Authenticity and admissibility cannot be determined because the exhibit has not
been produced in its final form after request by counsel.

10.
11.
12.

ACTION BY THE COURT

13.

(a)

This case is scheduled for trial without a jury on June 15, 2020, at 9:00 a.m.

14.

(b)

Trial briefs shall be submitted to the court on or before June 5, 2020.

15.

(c)

Pretrial conference to be held on June 10, 2020 at 9:30 a.m.

16.
17.

This order has been approved by the parties as evidenced by the signatures of their counsel.

18.

This order shall control the subsequent course of the action unless modified by a

19.

subsequent order. This order shall not be amended except by order of the court pursuant to

20.

agreement of the parties or to prevent manifest injustice.

21.
22.

DATED this

day of June, 2020.

23.
24.
25.
26.

PRETRIAL ORDER

Case No: 2:18-cv-00840
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.

Page 21 of 22

1.
2.

FORM APPROVED

3.
4.

__/s/Anna Johnsen__________________________

5.

Anna K. Johnsen, WSBA No. 44828
ANNA JOHNSEN LAW PLLC
Attorney for Edward Balassanian and Be Yachts LLC
US Bank Centre
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
Tele: 206.450.4974
Facsimile: 206.770.6104
Email address: [e-mail]

6.
7.
8.
9.
10.
11.
12.

Attorney for Defendants
Edward Balassanian and Be Yachts, LLC

13.

INTERNATIONAL MARITIME GROUP, PLLC

14.
BY: /S/ DANIEL ARMSTRONG
DANIEL A. ARMSTRONG (CAL BAR NO. 270175)
ADMITTED PRO HAC VICE
800 FIFTH AVENUE; SUITE 4100
SEATTLE, WA 98104
PHONE: [phone] | FAX: [phone]
[e-mail]

15.
16.
17.
18.
19.
20.

23.

By:
/s/ Isaak Hurst
R. ISAAK HURST, WSBA BAR NO. 43679
800 FIFTH AVENUE; SUITE 4100 | SEATTLE, WA 98104
PHONE: [phone] | FAX: [phone]
[e-mail]

24.

Attorneys for Plaintiff SunTrust Banks, Inc.

21.
22.

25.
26.
PRETRIAL ORDER
Suntrust Banks, Inc. v. BE YACHTS LLC, et al.
Case No: 2:18-cv-00840

Page 22 of 22