Opinion
CV-N-00-0167-LRH (VPC)
June 27, 2003
ORDER
WHEREAS, Plaintiff, through his Emergency Motion for Correction of Decision (#244), has brought to the Court's attention a typographical error which appeared on page 16 at lines 19-23 of the Court's Decision of June 20, 2003 (#243), such language is hereby corrected to properly reflect the Court's Decision: "Judgment shall be immediately entered in favor of plaintiff in the amount of $1,541,619.04, representing a net award of attorneys' fees and costs incurred in the underlying litigation of $1,109,475.97, plus prejudgment interest in the amount of $432,143.07 through June 20, 2003." The Clerk shall enter judgment accordingly.
With regard to the Court's order of May 27, 2003 (#220), freezing securities or other things of value, with a value of at least $2.7 million, owned by the Aggressive Small Cap Portfolio of the Navellier Performance Funds, currently held by FBR National Bank and Trust of 4922 Fairmont Avenue in Bethesda, Maryland as custodian and agent for Defendants, and
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the amount of the asset freeze of $2.7 million is hereby reduced to the amount of $2.5 million upon the grounds that a settlement has been reached in the Simon litigation. The $2.5 million asset freeze in the Sletten case shall continue in effect until superseded by either a satisfaction of judgment, the posting of an appropriate appeal bond guaranteeing payment in lieu of execution pending appeal, or further order of the Court. Defendants shall forthwith deliver a copy of this order to FBR National Bank and Trust and to each officer and director of Defendants.
IT FURTHER APPEARING that Plaintiff's earlier Notice of Motion and Motion to Quash for Protective Order and for Sanctions (##196/197/198) have not been addressed on the record, and that such motions are moot by virtue of the completion of trial in this action, such motions are hereby denied without prejudice as moot.
IT IS SO ORDERED