Free Clerk's Judgment - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Lawrence J. Warfield, Plaintiff, v. Michael Alaniz, et al., Defendant(s).

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AMENDED FINAL JUDGMENT IN A CIVIL CASE CV 03-2390-PHX-JAT

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Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

Decision by Court. This action came for consideration before the Court. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that pursuant to the Court's order dated July 16, 2007, judgment is entered as follows: As to defendant Leon Bestgen and his marital community with Elizabeth (aka Betty) Bestgen, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $1,000; Constructive Fraud claim $10,400; Negligence per se claim $32,000; Arizona Securities Laws claims $10,400; and Unjust Enrichment claims $1,00; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $32,000, plus post-judgment interest from February 28, 2007 at the rate of 5.05% per annum, together with costs taxed by the Clerk and prejudgment interest of $12,990.
Case 2:03-cv-02390-JAT Document 624 Filed 07/16/2007 Page 1 of 3

As to defendant Robert Carroll, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $800; Constructive Fraud claim $8,300; Negligence per se claim $37,000; Arizona Securities Laws claim $8,300; and Unjust Enrichment claim $800; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $37,000, plus post-judgment interest from February 28, 2007 at the rate of 5.05% per annum, together with costs taxed by the Clerk and prejudgment interest of $12,360. As to defendant Rudy Crosswell and his marital community with Mary Crosswell, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Law claim $700; Constructive Fraud claim $7,100; Negligence per se claim $31,900; Arizona Securities Laws claim $7,100; and Unjust Enrichment claim $700; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $31,900, plus post-judgment interest from February 28, 2007 at the rate of 5.05% per annum, together with costs taxed by the Clerk and prejudgment interest of $12,910. As to defendant Charles Davis, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $2,000; Constructive Fraud claim $19,900; Negligence per se claim $109,900; Arizona Securities Laws claim $19,900 ; and Unjust Enrichment claim $2,000; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $109,900, plus post-judgment interest from February 28, 2007 at the rate of 5.05% per annum, together with costs taxed by the Clerk and prejudgment interest of $39,305. As to defendant Paul Richard, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $1,400; Constructive Fraud claim $14,300; Negligence per se claim $64,700; Arizona Securities Laws claim $14,300 ; and Unjust Enrichment claim $1,400; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $64,700, plus post-judgment interest from February 28, 2007 at the rate of 5.05% per annum, together with costs taxed by the Clerk and prejudgment interest of $23,139.

Case 2:03-cv-02390-JAT

Document 624

Filed 07/16/2007

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As to defendant Patrick Wehrly and his marital community with Andrea Wehrly, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $700; Constructive Fraud claim $7,100; Negligence per se claim $39,000; Arizona Securities Laws claim $7,100 ; and Unjust Enrichment claim $700; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $39,000, plus post-judgment interest from February 28, 2007 at the rate of 5.05% per annum, together with costs taxed by the Clerk and prejudgment interest of $16,386. IT IS ORDERED that Judgment is entered in favor of Defendants Leonard and Betty Bestgen, Robert Carroll, Rudy and Mary Crosswell, Charles Davis, Paul Richard and Patrick and Andrea Wehrly with respect to Plaintiff's Negligence claim, Conversion claim, Uniform Fraudulent Transfers Act 44-1004A(1) claim, and Uniform Fraudulent Transfers Act 441004A(2) claim.

RICHARD H. WEARE District Court Executive/Clerk July 16, 2007 s/ Sally Turner By: Deputy Clerk cc: (all counsel)

Case 2:03-cv-02390-JAT

Document 624

Filed 07/16/2007

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