Opinion
Case No. 2:11-CV-1366 JCM-CWH
02-28-2014
BRANCH BANKING AND TRUST COMPANY, successor-in-interest to COLONIAL BANK by acquisition of assets from the FDIC as Receiver for Colonial Bank, a North Carolina banking corporation organized and in good standing under the laws of the State of North Carolina, Plaintiff, v. DAVID M. FRANK, individually and as trustee of THE DAVID M. FRANK 2004 REVOCABLE INTER VIVOS TRUST dated December 31, 2004; KAVEH KEVIN GOLSHAN, individually; MOUSSA GOLSHAN, as Trustee of the AGA IRREVOCABLE TRUST dated December 7, 1995; THE MERRILL COMPANIES, LLC, a California Limited Liability Company; FIESTA STATION REAL ESTATE HOLDINGS, LLC, a Nevada Limited Liability Company; AGA, LLC, a California Limited Liability Company; GERALDINE WEBER, an individual; and DOE Individuals I through X; and ROE Corporations and Organizations I through V, inclusive, Defendants.
SYLVESTER & POLEDNAK, LTD. JEFFREY R. SYLVESTER, ESQ. ALLYSON R. NOTO, ESQ. Attorneys for Plaintiff
SYLVESTER & POLEDNAK, LTD.
JEFFREY R. SYLVESTER, ESQ.
ALLYSON R. NOTO, ESQ.
Attorneys for Plaintiff
JUDGMENT
JUDGMENT
This matter, having come on for hearing on January 24, 2014, pursuant to NRS 40.457 for the purposes of determining the fair market value of the real property, Jeffrey R. Sylvester, Esq. and Allyson R. Noto, Esq., of the law firm of Sylvester & Polednak, Ltd., appearing on behalf of Plaintiff, Branch Banking and Trust Company, successor -in-interest to Colonial Bank by acquisition of assets from the Federal Deposit Insurance Company as Receiver for Colonial Bank ("BB&T") and Frank M. Flansburg III, Esq., of the law firm of Marquis Aurbach Coffing, Ltd., and Christopher S. Reeder, Esq., of the law firm Robin, Kaplan, Miller & Ciresi, LLP, appearing on behalf of the Defendants, David M. Frank, individually and as trustee of the David M. Frank 2004 Revocable Inter Vivos Trust dated December 31, 2004; Kaveh Kevin Golshan, individually; Moussa Golshan, as Trustee of the AGA Irrevocable Trust dated December 7, 1995; the Merrill Companies, LLC, a California Limited Liability Company; Fiesta Station Real Estate Holdings, LLC, a Nevada Limited Liability Company; AGA, LLC a California Limited Liability Company and Geraldine Weber, and individual (collectively the "Defendants"); the Court having previously granted summary judgment on all issues in favor of Plaintiff by Order entered September 26, 2013 [Doc. No. 134] and having entered its Order determining the Fair Market Value on February 10, 2014 [Doc. No. 164] and having heard argument by counsel, and good cause appearing therefore;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment be entered in favor of Plaintiff and against Defendants, jointly and severally, in the amount of Eight Million, Five Hundred Eighty Two Thousand Six Hundred Eight and 00/100 Dollars ($8,582,608.00).
________________
UNITED STATES DISTRICT COURT JUDGE
Respectfully Submitted By:
SYLVESTER & POLEDNAK, LTD.
By: ________________
Allyson R Noto, Esq.
1731 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Plaintiff