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In re IVDS Interactive Acquisitions Partners

United States District Court, C.D. California, Western Division

April 5, 2017

In re IVDS Interactive Acquisitions Partners, [Fed. I.D. No. 59-32342115], Debtor.
v.
DIGITAL INTERACTIVE ASSOCIATES, INC.; MARKET DYNAMICS GROUP, INC.; MARKET LOGISTICS GROUP, INC., TERRY K. VICKERY; DAVID J. DAMBRO; MICHAEL DAMBRO, Defendants. RICHARD K. DIAMOND, as Chapter 7 Trustee, Plaintiff, Bankr. No. 1:95-bk-19539-GM Adv. No. 1:97-ap-02050-GM

          HOWARD KOLLITZ (State Bar No. 059611) UZZI O. RAANAN (State Bar No. 162747) DANNING, GILL, DIAMOND & KOLLITZ, LLP Attorneys for Plaintiff, Richard K. Diamond, Chapter 7 Trustee

          RENEWAL OF JUDGMENT AGAINST: (1) DIGITAL INTERACTIVE ASSOCIATES, INC.; (2) MARKET DYNAMICS GROUP, INC.; (3) MARKET LOGISTICS GROUP, INC., (4)TERRY K. VICKERY; (5) DAVID J. DAMBRO; AND (6) MICHAEL DAMBRO [285] [NO HEARING REQUIRED]

          Honorable Consuelo B. Marshall UNITED STATES DISTRICT JUDGE

         NOTE: CHANGES MADE BY THE COURT

         Judgment having been entered on May 10, 2007 (docket no. 249) in favor of the Plaintiff/Judgment Creditor, RICHARD K. DIAMOND, as Chapter 7 Trustee (hereinafter the “Trustee”), and against Defendants DIGITAL INTERACTIVE ASSOCIATES, INC.; MARKET DYNAMICS GROUP, INC.; MARKET LOGISTICS GROUP, INC., TERRY K. VICKERY; DAVID J. DAMBRO; and MICHAEL DAMBRO (hereinafter collectively the “Judgment Debtors”), as follows:

1. DIGITAL INTERACTIVE ASSOCIATES, INC., pursuant to the applicable legal principles of joint and several liability, the sum of $3, 600, 000, as actual damages;
2. MARKET DYNAMICS GROUP, INC., pursuant to the applicable legal principles of joint and several liability, the sum of $3, 600, 000, as actual damages;
3. MARKET LOGISTICS GROUP, INC., pursuant to the applicable legal principles of joint and several liability, the sum of $3, 600, 000, as actual damages;
4. DAVID J. DAMBRO, the sum of $3, 600, 000, pursuant to the applicable legal principles of joint and several liability, as actual damages, plus the additional sum of $2, 000, 000 as punitive damages from the Defendant DAVID J. DAMBRO, individually;
5. TERRY K. VICKERY, the sum of $3, 600, 000, pursuant to the applicable legal principles of joint and several liability, as actual damages, plus the additional sum of $1, 000, 000 as punitive damages from the Defendant TERRY K. VICKERY, individually; and
6. MICHAEL DAMBRO, the sum of $3, 600, 000, pursuant to the applicable legal principles of joint and several liability, as actual damages, plus the additional sum of $500, 000, as punitive damages from Defendant MICHAEL DAMBRO, individually.

         The Judgment having also provided for costs of suit from the Judgment Debtors and an order having been entered on May 31, 2007, awarding the Trustee's Costs in the amount of $14, 179.22 (docket no. 250).

         NOW, upon Application for and Renewal of Judgment by the Trustee against the Judgment Debtors and upon declaration showing that the Judgment Debtors have failed to satisfy the total amount of said Judgment and are indebted to the Trustee.

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT the money Judgment against the Judgment Debtors is renewed as follows:

(1) Digital Interactive Associates, Inc.

Date of Judgment

5/10/2007

No. of Days after Judgment computed to 3/10/2017

3592

Principal Amount of Judgment

$3, 600, 000.00

Costs Awarded

$14, 179.22

Total Amount of Judgment

$3, 614, 179.22

Credits After Judgment Costs after Judgment

$0.00 $0.00

Accumulated Post Judgment Interest (5/10/2007-3/10/2017 at 4.9% accruing $485.19 per day)

$1, 742, 802.48

Total Renewed Judgment against Digital Interactive Associates, Inc

$5, 356, 981.70


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