Free Lodged Proposed Document - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT
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IN AND FOR THE DISTRICT OF ARIZONA
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Erchonia Medical Inc., et al
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Case No.:CIV 02-2036-PHX-MHM Consolidated with CIV 02-2048-PHX-MHM and CIV 02-2353-PHX-MHM

Plaintiff,
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v.
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Miki Smith, et al
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Defendants.
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____________________________________
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Erchonia Medical Inc., et al
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[PROPOSED] JUDGMENT

Plaintiff,
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v.
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Miki Smith, et al
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Defendants.
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____________________________________
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Robert E. Moroney, LLC
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Plaintiff,
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v.
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Erchonia Medical, Inc., et al
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Defendants.
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Case 2:02-cv-02036-MHM

Document 387

Filed 09/25/2007

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THIS MATTER, having come before the Court for a bench trial on September 18, 2007, and based on the reasons set forth on the record, and the evidence presented, both oral and documentary, having been fully considered, the issues having been duly heard, and a

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decision having been duly rendered:
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IT IS ORDERED, ADJUDGED AND DECREED, granting plaintiff, ERCHONIA
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MEDICAL, INC., an Arizona corporation, default judgment against defendant MIKI
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SMITH, on all remaining claims in this action.
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED, granting plaintiff,
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ERCHONIA MEDICAL, INC., an Arizona corporation, an award of damages against
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defendant MIKI SMITH, plus pre- and post-judgment interest on certain of these state law
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claims at the Arizona statutory rate, as follows: 1. As to Count II (Breach of Fiduciary Duty), for the principal sum of

$66,000.00, plus post-judgment interest on the principal sum at the rate of 10% interest per annum from September 18, 2007, until paid in full; 2. As to Count VI (Conversion), for the principal sum of $119,330.00, together

with accrued pre-judgment interest in the sum of $60,051.53 from September 6, 2002 until September 17, 2007, plus post-judgment interest on the principal sum at the rate of 10% interest per annum from September 18, 2007, until paid in full; 3. As to Count VIII (Breach of Contract), for the principal sum of $50,000.00,

together with accrued pre-judgment interest in the sum of $24,975.10 from September 20, 2002 until September 17, 2007, plus post-judgment interest on the principal sum at the rate of 10% interest per annum from September 18, 2007, until paid in full; / / / / / / / / /

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Case 2:02-cv-02036-MHM Document 387 Filed 09/25/2007 Page 2 of 3

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IT IS FURTHER ORDERED awarding Plaintiff the sum of $____________ as and for its attorneys' fees incurred herein, which sum the Court finds to be reasonable, and for the sum of $_________ as and for Plaintiff's costs incurred herein, plus interest on such fees and

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costs at the rate of 10% per annum, from the date of judgment, until paid in full.
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Case 2:02-cv-02036-MHM Document 387 Filed 09/25/2007 Page 3 of 3