Opinion
Case No.: 2:08-cv-00745-JCM-PAL.
July 9, 2010
ERIC B. ZIMBELMAN, ESQ., Nevada Bar No. 9407, PEEL BRIMLEY LLP, Henderson, Nevada, Attorneys for Plaintiffs
PEEL BRIMLEY, LLP, Eric B. Zimbelmao, Henderson, Nevada, Attorneys for Plaintiffs, NIELSEN, ZEHE ANTAS, P.C. and Dale F. Weigand, Chicago, Illinois, Admitted pro hac vice.
ORDER AND ENTRY OF SUMMARY JUDGMENT
ORDER
THIS MATTER came on for hearing on June 29, 2010 on the Motion for Summary Judgment of the Plaintiffs Bemo USA Corporation ("Bemo") and Kovach, Inc. ("Plaintiffs") seeking summary judgment for damages in the amount of $2,996,661.00 against the Defendanl Jakes Crane, Rigging Transport International, Inc. ("Jakes"). The Court received and reviewed the following:
1. MOTION for Summary Judgment by Plaintiffs Bemo USA Corporation, Kovach, Inc. [Document No. 33];
2. MEMORANDUM filed by Plaintiffs Bemo USA Corporation, Kovach, Inc. re: MOTION for Summary Judgment [Document No. 34];
3. APPENDIX to MOTION for Summary Judgment, Memorandum; filed by Plaintiffs Bemo USA Corporation, Kovach, Inc., Attachments: # 1 Exhibit 1, # 2 Exhibit 2 — part 1 of 2, # 3 Exhibit 2 — part 2 of 2, # 4 Exhibit 3, # 5 Exhibit 4) [Document No. 35];
4. RESPONSE to MOTION for Summary Judgment, filed by Defendant Jake's Crane, Rigging Transport International, Inc., and Counlermotion for Summary Judgment [Document No. 40];
5. REPLY to Response to MOTION for Summary Judgment and response to Countermotion for Summary Judgment filed by Plaintiffs Bemo USA Corporation, Kovach, Inc. [Document No. 41]; and
6. REPLY to Response to Opposition to Countermotion for Summary Judgment, filed by Defendant Jake's Crane, Rigging Transport International, Inc. [Document No. 42].
The Court also heard oral argument of counsel, Eric B. Zimbelman and Dale Weigand for Plaintiffs and Norman Kirshman and Richard Dreitzer for Defendant. Based on the foregoing, the Court finds as follows:
1. The Parties stipulated that Defendant Jake's Crane, Rigging Transport International, Inc. was responsible for and legally liable to Plaintiffs for the incident that occurred on or about September 7, 2005 that is the subject of Plaintiffs Complaint, leaving for trial only the issues of the cause and amount of Plaintiffs damages [Document No. 27];
2. During oral argument, Mr. Kirshman withdrew Defendant's Countermotion for Summary Judgment; and
3. There are no genuine issues of material fact in dispute regarding the cause and amount of Plaintiffs damages, which are $2,996,661.00.
NOW THEREFORE, the Court hereby Orders as follows
1. Plaintiffs Motion for Summary Judgment is GRANTED; and
2. Judgment is hereby entered for Plaintiffs Bemo USA Corporation and Kovach, Inc. and against Defendant Jake's Crane, Rigging Transport International, Inc. in the amount of $2,996,661.00.
3. Post-judgment interest shall accrue at the highest rate allowed by Nevada law.IT IS SO ORDERED.