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Lane v. Smiling Earth Energy

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 2, 2008

DEAN LANE AND DEBORAH LANE, TRUSTEES OF THE DEAN AND DEBORAH LANE LIVING TRUST; JENNI BRAUNBERGER, AN INDIVIDUAL; AND RICK FOY, AN INDIVIDUAL, PLAINTIFFS,
v.
SMILING EARTH ENERGY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; SMS HOLDING COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; CLIFFORD M. COWLES, AN INDIVIDUAL; BERNHARD L. MOCK, JR., AN INDIVIDUAL; AND DOES 1 TO 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

[PROPOSED] JUDGMENT Case Filed: December 12, 2007

Magistrate Judge: Hon. Dennis L. Beck

Plaintiffs' motion for default judgment against Defendants SMILING EARTH ENERGY, LLC and CLIFFORD M. COWLES came for hearing on July 25, 2008 before the Honorable Dennis L. Beck, United States Magistrate Judge. On August 4, 2008, the court filed its order granting Plaintiffs' motion and awarding damages to Plaintiffs as follows:

To Plaintiffs DEAN LANE and DEBORAH LANE, Trustees of the DEAN AND DEBORAH LANE LIVING TRUST, $115,000, plus interest at a rate of 10 percent per annum, from November 12, 28 2007;

To Plaintiff JENNI BRAUNBERGER, $115,000, plus interest at a rate of 10 percent per annum, from November 12, 2007;

To Plaintiff RICK FOY, $57,500, plus interest at a rate of 10 percent per annum, from October 1, 2007;

Provided, however, that the total amount of damages of $287,500, plus interest, is subject to an offset of $35,000, representing the prior settlement with Defendant BERNHARD L. MOCK, JR.; and

To all Plaintiffs, attorneys' fees and costs in the total amount of $15,568.81.

NOW, THEREFORE, IT IS HEREBY ADJUDGED, DECREED and ORDERED that judgment is entered in favor of Plaintiffs DEAN LANE and DEBORAH LANE, Trustees of the DEAN AND DEBORAH LANE LIVING TRUST; JENNI BRAUNBERGER; and RICK FOY, and against Defendants SMILING EARTH ENERGY, LLC and CLIFFORD M. COWLES, consistent with the Court's Order filed August 4, 2008, as restated above.

IT IS ORDERED, ADJUDGED and DECREED.

20080902

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