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Pinnacle Fitness and Recreation Management, LLC v. Jerry and Vickie Moyes Family Trust

United States District Court, Ninth Circuit

May 15, 2013

PINNACLE FITNESS AND RECREATION MANAGEMENT, LLC, a Delaware limited liability Company, Plaintiff,
v.
THE JERRY AND VICKIE MOYES FAMILY TRUST, an Arizona trust, Defendant. AND RELATED COUNTERCLAIMS

AMENDED JUDGMENT FOLLOWING CIVIL JURY TRIAL

GONZALO P. CURIEL, District Judge.

This matter, having come before the Court (i) for a jury trial from January 14, 2013 through January 30, 2013, and the jury having rendered verdicts set forth in Special Verdict (Docket No. 284) and Special Verdict #2 (Docket No. 285) on January 30, 2013; (ii) on The Jerry and Vickie Moyes Family Trust's Renewed Motion for Judgment as a Matter of Law or, Alternatively, a New Trial; and (iii) on Pinnacle's Motion to Correct the Judgment, IT IS HEREBY ORDERED, ADJUDGED, and DECREED:

THE PARTIES

1. Plaintiff/Counter-Defendant Pinnacle Fitness and Recreation Management, LLC ("Pinnacle") is a Delaware limited liability company with its principal place of business in Wheeling, Illinois.

2. Defendant/Counter-Plaintiff The Jerry and Vickie Moyes Family Trust (the "Trust") is a trust organized under the State of Arizona whose trustees are Jerry Moyes and Vickie Moyes.

PINNACLE'S CLAIMS

Counts II, III, IV

3. Judgment is entered on Counts II, III, and IV of the First Amended Complaint as follows:

a. Count II: Judgment is entered in favor of Pinnacle and against the Trust on Pinnacle's claim for breach of contract.
b. Count III: Judgment is entered in favor of Pinnacle and against the Trust on Pinnacle's claim for breach of the covenant of good faith and fair dealing implied in the contract alleged in Count II; and
c. Count IV: Judgment is entered in favor of the Trust and against Pinnacle on Pinnacle's claim for promissory estoppel.

4. Judgment is entered on Counts II and III in favor of Pinnacle and against the Trust in the amount of $1, 632, 495.72.

Counts VI and VII

5. Judgment is entered on Counts VI and VII of the First Amended ...


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