Free Other Notice - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Law Office of James Burr Shields 382 East Palm Lane Phoenix, Arizona 85004-1531 (602) 307-0780 (Office) (602) 307-0784 (Facsimile)
James Burr Shields II, State Bar #011711 John A. Conley, State Bar #016429 Blake Simms, State Bar #021595 Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE STATE OF ARIZONA

) ) ) ) ) Plaintiffs, ) ) vs. ) ) Home Mortgage, Inc., an ) Arizona corporation conducting ) business in Arizona, ) Carl Brown; ) Molly Brown; ) Greg Brown; ) Jane Doe Brown; ) ) Defendants. ) ____________________________)

Cathleen Channel, Theresa Wharry, Stacie Hanson, Monique Nichols,

Case No. CIV 2003-0100 PHX ROS

JUDGMENT

This matter having come before the Court, the Court hearing evidence during a twoday bench trial covering September 18, 2007, and September 19, 2007, and the Court having granted Plaintiffs Judgment on Partial Findings under Rule 52(c) of the Federal Rules of Civil procedure, the Court finds as follows: The Arizona corporation, Home Mortgage, Inc, is the alter ego of Defendants Carl Brown and Molly Brown. Disregarding Home Mortgage, Inc.'s, separate legal status is necessary to prevent injustice. Based upon the foregoing findings and good cause appearing therefor: IT IS ORDERED, ADJUDGED, AND DECREED that Defendants Carl Brown and Molly Brown are fully liable under the December 8, 2003, Amended Judgment Plaintiffs obtained against Home Mortgage, Inc., Defendants Carl Brown's and Molly Brown's alter
Document 216-2 Filed 02/04/2008 Page 1 of 2

Case 2:03-cv-00100-ROS-MEA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ego. Defendants Carl Brown and Molly Brown shall assume all the obligations and responsibilities Home Mortgage, Inc., incurred in the Amended Judgment. Plaintiff Cathleen Channel, per that judgment, is entitled to principal damages of $99,659.70. Plaintiff Theresa Wharry, per that judgment, is entitled to principal damages of $55,641.90. Plaintiff Stacie Hanson, per that judgment, is entitled to principal damages of $29,433.75. Plaintiff Monique Nichols, per that judgment, is entitled to principal damages of $47,505.99. The total amount of principal damages Plaintiffs received in the Amended Judgment, then, is $232,241.34. The judgment provided to Plaintiffs attorney's fees in the amount of $4,390.82. The judgment provided to Plaintiffs prejudgment interest in the amount of $8,386.43. The judgment provided to Plaintiffs post-judgment interest in the amount of .97% per annum, from July 20, 2003, on the principal recovery and the award of attorney's fees until the judgment is completely satisfied. There have been on the Amended Judgment no payments, and the judgment has, as of January 20, 2008, accrued $10,137.84 in postjudgment interest. IT IS FURTHER ORDERED that Plaintiffs are awarded costs against Defendants Carl Brown and Molly Brown, in the amount of $2,565.14 with interest thereon in the amount of .97% per annum. IT IS FURTHER ORDERED that Plaintiffs are awarded attorney's fees in the amount of $79,577.50 with interest thereon in the amount of .97% per annum. T IS FURTHER ORDERED that the judgment continue to accrue on the principal damages amount and the awards of attorney's fees and costs interest at the rate of .97% per annum from the date this Judgment is rendered until it is completely satisfied.

Case 2:03-cv-00100-ROS-MEA

-2Document 216-2

Filed 02/04/2008

Page 2 of 2