Opinion
No C 01-03664 CRB
October 10, 2003
AMENDED JUDGMENT
Pursuant to the terms of the Settlement Agreement and Mutual Release (hereinafter "Agreement") executed by all parties and their counsel on or about June 2002, and upon properly noticed application by plaintiffs, it is hereby ORDERED, ADJUDGED AND DECREED:
1. Pursuant to the terms of the Agreement, defendants stipulated to entry of judgment in favor of plaintiffs, and against defendants Gerard Simonowicz, a.k.a., Adam Muller, Kim Ferguson and Environ, jointly and severally, in the amount of 580,000.00 in full payment if the full settlement amount of $45,000.00 was not timely paid as required by Paragraph 2 of the Agreement.
2. Plaintiffs have demonstrated by uncontroverted evidence that defendants have not complied with their obligations under the terms of the Agreement to make timely payment in full to plaintiffs and their counsel for the full settlement amount of $45,000.00,
3. Accordingly, pursuant to the terms of the settlement, JUDGMENT is hereby entered in favor of plaintiffs, and against defendants Gerard Simonowicz, a.k.a., Adam Muller, Kim Ferguson and Environ, jointly and severally, in the amount of $80,000.00, and for an additional amount for costs and attorneys fees as set out below.
4. Pursuant to the terms of the Agreement, defendants shall pay any and all attorneys fees and costs incurred by plaintiffs in proceedings to enforce the terms of the settlement, including but not limited to the current application to enforce the settlement and for entry of judgment, as well as any and all further proceedings to enforce and collect on this judgment.
5. Plaintiffs upon proper application have shown by uncontroverted evidence that they have to date incurred $1,470.00 in costs and $6,911.25 in attorneys fees in securing entry of the Stipulated Judgment and this Amended Judgment, and accordingly JUDGMENT is hereby entered in favor of plaintiffs, and against defendants Gerard Simonowicz, a.k.a., Adam Muller, Kim Ferguson and Environ, jointly and severally, in the amount of $88,381.00.