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Prudential Insurance Company of America v. Herman

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 25, 2010

THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, A NEW JERSEY CORPORATION; PRUDENTIAL REAL ESTATE AFFILIATES, INC., A DELAWARE CORPORATION, PLAINTIFFS,
v.
ROGER HERMAN, AN INDIVIDUAL; THG FLORIDA, LLC, A COLORADO LIMITED LIABILITY COMPANY; MIAMI DADE REALTY II, INC., A FLORIDA CORPORATION, DBA PRUDENTIAL TEAMMATES REAL ESTATE; HECTOR RODRIGUEZ, AN INDIVIDUAL; THE HERMAN GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY; HAMPDEN/CHEYENNE LLC, A COLORADO LIMITED LIABILITY COMPANY; COLORADO SPRINGS THG, LLC, A COLORADO LIMITED LIABILITY COMPANY; LEETSDALE/LIFF, LLC, A COLORADO LIMITED LIABILITY COMPANY; ARAPAHOE/WADSWORTH LLC, A COLORADO LIMITED LIABILITY COMPANY; AND DOES 1-20, INCLUSIVE, DEFENDANTS.
THE HERMAN GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY; HAMPDEN/CHEYENNE LLC, A COLORADO LIMITED LIABILITY COMPANY; COLORADO SPRINGS THG, LLC, A COLORADO LIMITED LIABILITY COMPANY; LEETSDALE/ILIF, LLC, A COLORADO LIMITED LIABILITY COMPANY; ARAPAHOE/WADSWORTH LLC, A COLORADO LIMITED LIABILITY COMPANY, COUNTERCLAIMANTS,
v.
PRUDENTIAL REAL ESTATE AFFILIATES, INC., A DELAWARE CORPORATION, COUNTERDEFENDANT.

The opinion of the court was delivered by: Hon. James V. Selna

Ctrm. 10C

Final Judgment Against Defendants and Counterclaimants

Trial Date: July 13, 2010

Pre-Trial Conf: June 28, 2010

Complaint Filed: April 8, 2009

WHEREAS plaintiffs The Prudential Insurance Company of America ("Prudential Insurance") and Prudential Real Estate Affiliates, Inc. ("PREA") (Prudential Insurance and PREA together are referred to as "Prudential" or "Plaintiffs") and defendants Roger Herman ("Herman"), The Herman Group, LLC ("THG"), THG Florida, LLC ("THG Florida"), Hampden/Cheyenne, LLC ("Hampden"), Colorado Springs THG, LLC ("CSTHG"), Leetsdale/ Lliff, LLC ("Leetsdale"), Arapahoe/Wadsworth LLC ("Arapahoe") (Herman, THG, THG Florida, Hampden, CSTHG, Leetsdale, and Arapahoe together are referred to as the " "Herman Defendants"), Miami Dade Realty II, Inc. ("Miami Dade"), and Hector Rodriguez ("Rodriguez") (Miami Dade and Rodriguez together are referred to as the "Rodriguez Defendants")(the Herman Defendants and the Rodriguez Defendants all together are referred to as "Defendants") entered into a Stipulation for Entry of Final Judgment Against the Herman Defendants in Favor of Plaintiffs The Prudential Insurance Company of America and Prudential Real Estate Affiliates, Inc. ("Stipulation");

WHEREAS, pursuant to the Stipulation, Plaintiffs and Defendants waived any appealability of the judgment that the Court shall enter pursuant to the Stipulation and agreed that any such judgment will be immediately enforceable upon entry by the Court;

WHEREAS there is no just reason for delay as Defendants have stipulated to the entry of this final judgment;

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:

1. pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the Counterclaim filed on June 4, 2009, by Herman, THG, Hampden, CSTHG, Arapahoe, and Leetsdale ("Counterclaimants") is dismissed with prejudice;

2. pursuant to Rules 54(b) and 58 of the Federal Rules of Civil Procedure, PREA is hereby awarded judgment on the Complaint filed on April 8, 2009, for the total sum of $1,750,000.00 of which $1,650,000 thereof will be solely against the Herman Defendants jointly and severally and the remaining $100,000 thereof shall be jointly and severally against the Herman Defendants and the Rodriguez Defendants. Interest shall accrue at the rate of 8 % per annum on the principal amount of this judgment from and after May 1, 2010, until the judgment is paid in full.

3. Plaintiffs and Defendants shall bear their own attorneys' fees and costs incurred in this action to date.

IT IS SO ORDERED.

Honorable James V. Selna United States District Judge

20100525

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