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15-600 - Crestwood Capital Corporation v. Andes Industries Incorporated


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15-600 - Crestwood Capital Corporation v. Andes Industries Incorporated
October 16, 2015
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ORDER that the 10/14/15 order on the record that the parties submit a joint proposal regarding jurisdictional discovery is vacated. FURTHER ORDERED that Defendant's Motion to Dismiss or in the Alternative Join Required Parties (Doc. 18) as presented is denied without prejudice. FURTHER ORDERED that Defendant file its response to the Complaint by 10/30/15. See order for details. Signed by Judge Neil V. Wake on 10/16/15. (NKS)
June 22, 2016
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ORDER that EZconn Corporation's Rule 12(f) Motion to Strike Insufficient Defenses and Redundant, Immaterial, and Impertinent Matter (Doc. 91) is granted. FURTHER ORDERED that Defendant PCT International, Inc.'s Affirmative Defenses and Facts Pertaining to Affirmative Defenses (Doc. 83 at 621) are stricken pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. See order for details. Signed by Judge Neil V. Wake on 6/22/16. (NKS)
June 24, 2016
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ORDER directing the Clerk to file the proposed First Amended Complaint (lodged as Doc. 72). FURTHER ORDERED that Polar Star Management Ltd.'s Motion to Dismiss (Doc. 114, CV-15-02549) is granted. The First Amended Complaint is dismissed with prejudice as to Polar Star Management Ltd. FURTHER ORDERED that Defendant Cheng-Sun Lans Motion to Dismiss (Doc. 133, CV-15-02549) is granted. The First Amended Complaint is dismissed with prejudice as to Cheng Sun Lan. FURTHER ORDERED that Defendant EZconn Corporation's Motion to Dismiss Counts I, II, III, VI, VII, VIII, IX, X, XI, and XII (Doc. 26, CV-15-01810) is granted in part and denied in part. The First Amended Complaint is dismissed with prejudice as to EZconn except for Count IV for breach of contract and ount IX for breach of the implied duty of good faith and fair dealing. FURTHER ORDERED that Defendant eGtran Corporation's Motion to Dismiss Counts I, II, III, V, VI, VII, VIII, IX, X, XI, and XII (Doc. 28, CV-15-01810) is granted. The First Amended Complaint is dismissed with prejudice as to eGtran. IT IS FURTHER ORDERED that the Renewed Motion for Jurisdictional Discovery by Andes Industries, Inc., and PCT International, Inc. (Doc. 84, CV-15-00600) and Cheng-Sun Lan's Motion to Strike Portions of Reply in Support of Renewed Motion for Jurisdictional Discovery or, Alternatively, for Leave to File Sur-Reply (Doc. 92, CV-15-00600) are denied as moot. Signed by Judge Neil V Wake on 6/24/2016.(KMG)
August 30, 2017
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ORDER granting EZconn Corporation's 155 Motion for Summary Judgment. FURTHER ORDERED this case is deconsolidated and final judgment is entered at this time. FURTHER ORDERED that the Clerk enter judgment in No. CV-16-00508-PHX-NVW in favor of Plaintiff EZConn Corporation against Defendant PCT International, Inc., for: (1) the principal amount of $6,629,046.55, plus (2) pre-judgment interest to August 30, 2017, in the amount of $2,833,837.54 at the rate of 10% per annum simple interest, plus (3) post-judgment interest on $9,462,884.09, the sum of amounts (1) and (2), at the federal rate of 1.23% per annum from the date of entry of judgment, August 30, 2017, until paid. EZconn Corporation may file a bill of costs and apply for attorneys' fees and expenses within the time provided. See document for complete details. Signed by Senior Judge Neil V Wake on 8/30/2017. (ATD)
September 5, 2017
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ORDER granting 122 (126 sealed) Crestwood Capital Corporation's, Devon Investment Inc.'s, and Preston Collection Inc.'s Motion for Summary Judgment. IT IS FURTHER ORDERED that Crestwood Capital Corporation, Devon Investment Inc., and Preston Collection Inc. by September 15, 2017, lodge proposed forms of judgment with supporting memoranda that show how interest was calculated. IT IS FURTHER ORDERED that after judgment is entered, Crestwood Capital Corporation, Devon Investment Inc., and Preston Collection Inc. may each file a bill of costs and apply for attorneys' fees and expenses pursuant to LRCiv 54.1, LRCiv 54.2, and Rule 54(d) of the Federal Rules of Civil Procedure within the time therein provided. See attached Order for details. Signed by Senior Judge Neil V. Wake on 9/5/2017. (RMW)
September 14, 2017
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ORDER - EZconn Corporation's Motion for Summary Judgment (Doc. 197 (redacted), Doc. 205 (sealed)) is granted. FURTHER ORDERED that this case (No. CV-15-01810-PHX-NVW) is deconsolidated and final judgment is entered at this time. FURTHER ORDERED that the Clerk enter judgment in favor of EZconn Corporation and against PCT International, Inc., and Andes Industries, Inc., and that PCT International, Inc., and Andes Industries, Inc., take nothing. The Clerk shall terminate this case. See document for complete details. Signed by Senior Judge Neil V Wake on 9/14/2017. (ATD)
January 4, 2018
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ORDER granting 330 Motion for Attorney Fees. The Clerk shall enter judgment in favor of Plaintiff Crestwood Capital Corporation and against Defendant Andes Industries, Inc., in the amount of $167,213.17 for attorney fees and $11,133.09 for non-taxable costs, plus post-judgment interest at the federal rate of 1.78% from the date of this judgment until paid. Signed by Senior Judge Neil V Wake on 01/03/2018. (KAS)