Opinion
GARY OWEN CARIS (SBN 088918), E-mail: gcaris@mckennalong.com, LESLEY ANNE HAWES (SBN 117101), E-mail: lhawes@mckennalong.com McKENNA LONG & ALDRIDGE LLP, Los Angeles, CA.
ANGELA E. FONES (SBN 245204), E-mail: afones@mckennalong.com, McKENNA Long & ALDRIDGE LLP, San Francisco, CA, Attorneys for Plaintiff Robb Evans & Associates LLC as Receiver for AOB Commerce, Inc., et al.
PROPOSED JUDGMENT AGAINST DEFENDANTS YU MEI LAN, TU-UYEN PHUOC NGUYEN, SHI JIN QIU, DENNIS SEO, AND HYON UNICE KIM SEO ALSO KNOWN AS UNICE KIM AFTER DEFAULT [F.R.C.P., Rules 54(b) and 55(b)(2)]
CHRISTINA A. SNYDER, District Judge.
By submission of the attorneys of record for Plaintiff Robb Evans & Associates LLC ("Plaintiff"), as Receiver for AOB Commerce, Inc., AOB Asia Fund I, LLC, AOB Management, Inc., AOB Media Inc., AOB Transportation, Inc., AOB Vacations, Inc., and their subsidiaries and affiliates, Plaintiff's Application for Entry of Separate Default Judgment Against Defendants Yu Mei Lan, Shi Jin Qiu, Tu-Uyen Phuoc Nguyen, Dennis Seo, Hyon Unice Kim Seo also known as Unice Kim, Mojtaba Tahani, and Soudabeh Falahati ("Default Judgment Application") came on regularly for hearing on January 10, 2011 at 10:00 a.m. before the Honorable Christina A. Snyder, United States District Judge presiding in Courtroom 5 of the above-referenced Court. Gary Owen Caris appeared on behalf of the Plaintiff. Defendant Mojtaba Tahani also appeared and argued at the hearing. No other appearances were made. The defendants having been served with process, and having failed to appear and answer the Plaintiff's Complaint filed herein on March 26, 2010, andett the defaults of said defendants having been duly entered and evidence having been considered by the Court, and the Court having reviewed and considered the Default Judgment Application and all pleadings and papers filed in support, including all admissible evidence filed in support thereof, and no opposition having been filed, and good cause appearing for entry of judgment against the defendants pursuant to Rule 55 of the Federal Rules of Civil Procedure:
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff Robb Evans & Associates LLC as Receiver for AOB Commerce, Inc., AOB Asia Fund I, LLC, AOB Management, Inc., AOB Media Inc., AOB Transportation, Inc., AOB Vacations, Inc., and their subsidiaries and affiliates shall recover from defendant Yu Mei Lan damages in the amount of $84, 125.00, together with pre-judgment interest on said sum at the federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing this lawsuit until the date of entry of judgment, in the amount of $272.60, plus costs of suit in the sum of $40.00 for a total judgment in the amount of $84, 437.60, pursuant to the First, Second and Third Claims for Relief asserted in Plaintiff's Complaint, together with an award of post-judgment interest accruing from and after the date of entry of judgment until paid in full pursuant to 28 U.S.C. § 1961;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Robb Evans & Associates LLC as Receiver for AOB Commerce, Inc., AOB Asia Fund I, LLC, AOB Management, Inc., AOB Media Inc., AOB Transportation, Inc., AOB Vacations, Inc., and their subsidiaries and affiliates shall recover from defendant Shi Jin Qiu damages in the amount of $42, 000.00, together with pre-judgment interest on said sum at the federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing this lawsuit until the date of entry of judgment, in the amount of $136.30, plus costs of suit in the sum of $104.81 for a total judgment in the amount of $42, 241.11, pursuant to the First, Second and Third Claims for Relief asserted in Plaintiff's Complaint, together with an award of post-judgment interest accruing from and after the date of entry of judgment until paid in full pursuant to 28 U.S.C. § 1961;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Robb Evans & Associates LLC as Receiver for AOB Commerce, Inc., AOB Asia Fund I, LLC, AOB Management, Inc., AOB Media Inc., AOB Transportation, Inc., AOB Vacations, Inc., and their subsidiaries and affiliates shall recover from defendant Tu-Uyen Phuoc Nguyen damages in the amount of $124, 000.00, together with pre-judgment interest on said sum at the federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing this lawsuit until the date of entry of judgment, in the amount of $403.10, plus costs of suit in the sum of $452.14 for a total judgment in the amount of $124, 855.24, pursuant to the First, Second and Third Claims for Relief asserted in Plaintiff's Complaint, together with an award of post-judgment interest accruing from and after the date of entry of judgment until paid in full pursuant to 28 U.S.C. § 1961;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Robb Evans & Associates LLC as Receiver for AOB Commerce, Inc., AOB Asia Fund I, LLC, AOB Management, Inc., AOB Media Inc., AOB Transportation, Inc., AOB Vacations, Inc., and their subsidiaries and affiliates shall recover from defendants Dennis Seo and Hyon Unice Kim Seo also known as Unice Kim (collectively the "Seos") damages in the amount of $177, 528.34, together with pre-judgment interest on said sum at the federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing this lawsuit until the date of entry of judgment, in the amount of $577.10, for a total judgment in the amount of $178, 105.44, which judgment shall be joint and several as to the Seos, pursuant to the First, Second and Third Claims for Relief asserted in Plaintiff's Complaint, together with an award of post-judgment interest accruing from and after the date of entry of judgment until paid in full pursuant to 28 U.S.C. § 1961;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the judgments entered against the defendants herein and any other judgments entered heretofore or hereafter in this action against any other defendants are several as to each such defendant unless otherwise expressly stated in the judgment to be joint and several as to the particular defendants;
IT IS FURTHER ORDERED that there is no just reason for delay in entry of these final judgments against defendants herein and the Court expressly directs that the Clerk of the Court enter these separate judgments against said defendants herein pursuant to F.R. Civ. P. 54 notwithstanding whether this action remains pending against other defendants; and
IT IS FURTHER ORDERED that the Court is not ruling at this time on the Default Judgment Application as it pertains to defendants Mojtaba Tahani ("Tahani") and Soudabeh Falahati ("Falahati"). Tahani and Falahati shall have until January 24, 2011, to move to set aside the default against them or to resolve the lawsuit with the Plaintiff.