Free Letter - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT _
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8 IN AND FOR THE DISTRICT OF ARIZONA I
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O Erchonia Medical Inc., ct al Case N 0.:CIV ()2—2()36—PHX—MHM
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I I Plaintiff, Consolidated with
17 v. CIV 02-2048-PHX-MHM
1; Miki Smith, et al and
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14 Defendants. CIV O2—2353—PI—IX—MHM
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16 Erchonia Medical Inc., etal JUDGMENT
Plaintiff,
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V.
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19 Miki Smith, et al
Defendants.
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77 Robert E. Moroney, LLC
· W Plaintiff, A
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V.
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75 Erchonia Medical, Inc., etal
7 Defendzmts.
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Case 2:02—cv—02036-I\/IHI\/I Document 389-2 Filed 10/15/2007 Page 1 of 2

I THIS MATTER, having come before the Court for a bench trial on September 18,
iii 2007, and based on the reasons set forth on the record, and the evidence presented, both oral
J and documentary, having been fully considered, the issues having been duly heard, and a
4 decision having been duly rendered:
5 IT IS ORDERED, ADIUDGED AND DECREED, granting plaintiff, ERCHONIA
6 MEDICAL, INC., an Arizona corporation, default judgment against defendant MIKI _
; SMITH, on all remaining claims in this action. J
59 IT IS FURTHER ORDERED, ADQIUDGED AND DECREED, granting plaintiff,
10 ERCHONIA MEDICAL, INC., an Arizona corporation, an award of damages against
H defendant MIKI SMITH, plus pre- and post—judgment interest on certain of these state law
12 claims at the Arizona statutory rate, as follows:
13 1. As to Count II (Breach of Fiduciary Duty), for the principal sum of
14 $66,000.00, plus postjudgment interest on the principal sum at the rate of 10% interest per
15 annum from September 18, 2007, rmtil paid in full;
16 2. As to Count VI (Conversion), for the principal sum of $119,330.00, together
17 with accrued pre—judgment interest in the sum of $60,051.53 from September 6, 2002 until
18 September 17, 2007, plus post—judgment interest on the principal sum at the rate of 10%
19 interest per annum from September 18, 2007, until paid in full;
20 3. As to Count VIII (Breach of Contract), for the principal sum of $50,000.00,
2] together with accrued pre-judgment interest in the sum of $24,975.10 from September 20,
77 2002 until September 17, 2007, plus post—judgment interest on the principal sum at the rate of
gg 10% interest per annum from September 18, 2007, until paid in full;
24 IT IS FURTHER ORDERED awarding Plaintiff the sum of $82,432.50 for its
25 attomeys’ fees incurred herein, which sum the Court fmds to be reasonable, plus interest on
26 such fees at the rate of 10% per annum, from the date of judgment, until paid in full.
27 Datedthis 27th day of September, 2007.
irirgsifig O M7
Case 2:O2—cv—O2036-I\/IHI\/I Document 389-2 Filed 10/15/2007 Page 2 of 2

Case 2:02-cv-02036-MHM

Document 389-2

Filed 10/15/2007

Page 1 of 2

Case 2:02-cv-02036-MHM

Document 389-2

Filed 10/15/2007

Page 2 of 2