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

Case 1:03-cv-01973-PSF-MJW

Document 204

Filed 02/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa

Civil Action No. 04-cv-02112-PSF-MJW (Consolidated with 03-cv-01973-PSF-MJW) WALKER GROUP, INC., Plaintiff, v. FIRST LAYER COMMUNICATIONS, INC.; and J.E.H. KNUTSON, Defendants. _____________________________________________________________________ Civil Action No. 03-cv-01973-PSF-MJW (Consolidated with 04-cv-02112-PSF-MJW) J.E.H. KNUTSON, Plaintiff, v. WALKER GROUP, INC., Defendant. _____________________________________________________________________ AMENDED JUDGMENT _____________________________________________________________________ Pursuant to and in accordance with the Order of Consolidation signed by Judge Phillip S. Figa on November 5, 2004, incorporated herein by reference, it was ORDERED that Civil Action No. 04-cv-0212-PSF-MJW be consolidated with Civil Action No. 03-cv-01973-PSF-MJW.

Case 1:03-cv-01973-PSF-MJW

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Filed 02/06/2006

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Civil Action No. 03-cv-01973-PSF-MJW (Consolidated with 04-cv-02112-PSF-MJW) Amended Judgment

Pursuant to and in accordance with the Order on Walker Group' Motion for s Partial Summary Judgment, signed by Judge Phillip S. Figa on August 12, 2005, incorporated herein by reference, it is FURTHER ORDERED that Plaintiff J.E.H. Knutson' First and Second Claims in s Civil Action No. 03-cv-01973-PSF-MJW are DISMISSED with prejudice. This matter was tried on Walker Group, Inc.' three counterclaims in Civil Action s No. 03-cv-01973-PSF-MJW and two claims in Civil Action No. 04-cv-02112-PSF-MJW from October 25, 2005 through October 28, 2005, before a duly sworn jury of ten, Judge Phillip S. Figa, presiding. At the conclusion of Plaintiff Walker Group, Inc.' case on October 26, 2005, s Defendant Knutson made an Oral Motion for Judgment as a Matter of Law Under Rule 50(a) as to Plaintiff Walker Group, Inc.' Counterclaims Two and Three in Civil Action s No. 03-cv-01973-PSF-MJW. After hearing arguments of counsel, the Court GRANTED Defendant Knutson' Motion, and made oral findings of fact and conclusions of law s which are incorporated by reference as if fully set forth herein. Accordingly, it is ORDERED that Plaintiff Walker Group, Inc.' Counterclaims Two and Three in s Civil Action No. 03-cv-01973-PSF-MJW are DISMISSED with prejudice. The trial proceeded to conclusion and the jury rendered its verdict as follows: 1. Has Walker Group proven by a preponderance of the evidence that

Case 1:03-cv-01973-PSF-MJW

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Filed 02/06/2006

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Civil Action No. 03-cv-01973-PSF-MJW (Consolidated with 04-cv-02112-PSF-MJW) Amended Judgment

Defendant Knutson is liable on the First Amendment to the Guaranty Agreement? Answer: Yes. 2. Has Walker Group proven by a preponderance of the evidence that Defendant Knutson entered into a Second Amendment to his Personal Guaranty that provided he would repay to Walker Group 29.63% of any amount over $600,000 loaned by Walker Group to Defendant First Layer? Answer: Yes. 3. Has Walker Group proven by a preponderance of the evidence that Defendant Knutson is liable on the Second Amendment to the Guaranty Agreement? Answer: Yes. 4. Has Defendant Knutson Proven by a Preponderance of the evidence that Walker Group received value from First Layer assets after First Layer' default in October 2002? s Answer: Yes. 5. What was the value of the assets Walker Group received from First

Case 1:03-cv-01973-PSF-MJW

Document 204

Filed 02/06/2006

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Civil Action No. 03-cv-01973-PSF-MJW (Consolidated with 04-cv-02112-PSF-MJW) Amended Judgment

Layer reducing the outstanding balances of the loans? $ 173,109.83. Pursuant to and in accordance with the Jury Verdict and the Order Directing Entry of Judgment, signed by Judge Phillip S. Figa on November 10, 2005, incorporated herein by reference, it is FURTHER ORDERED that judgment shall enter in favor of Plaintiff Walker Group, Inc. and against Defendant First Layer Communications, Inc. on Plaintiff Walker Group' First Claim for Relief in Civil Action No. 04-cv-02112-PSF-MJW in the amount s of $840,757.87, plus prejudgment contractual interest at the rate of 8% per annum from October 10, 2002 through November 14, 2005. It is FURTHER ORDERED that post judgment interest on the above amount shall accrue at the legal rate of 4.32% from November 14, 2005. It is FURTHER ORDERED that judgment shall enter in favor of Plaintiff Walker Group, Inc. and against Defendant J.E.H. Knutson on Plaintiff Walker Group' Second s Claim for Relief in Civil Action No. 04-cv-02112-PSF-MJW and Plaintiff Walker Group' s First Counterclaim for Relief in Civil Action No. 03-cv-01973-PSF-MJW in the amount of $671,336.56, plus prejudgment statutory interest at the rate of 8% per annum from July 9, 2003 through November 14, 2005. It is FURTHER ORDERED that post judgment interest on the above amount shall accrue at the legal rate of 4.32% from November 14, 2005.

Case 1:03-cv-01973-PSF-MJW

Document 204

Filed 02/06/2006

Page 5 of 5

Civil Action No. 03-cv-01973-PSF-MJW (Consolidated with 04-cv-02112-PSF-MJW) Amended Judgment

Pursuant to and in accordance with the Order on Plaintiff' Motion for Attorneys' s Fees and Costs, signed by Judge Phillip S. Figa on February 3, 2006, incorporated herein by reference, it is FURTHER ORDERED that Plaintiff Walker Group, Inc.' Application for s Attorneys' Fees and Costs is GRANTED in part and DENIED in part. It is FURTHER ORDERED that judgment shall enter in favor or Plaintiff Walker Group Inc. and against Defendant J.E.H. Knutson for attorneys' fees in the amount of $206,538.34, and costs in the amount of $16,787.37, for a total award of $223,325.71. It is FURTHER ORDERED that post judgment interest on the $223,325.71 award shall accrue at the legal rate of 4.60% from the date of entry of this judgment. DATED February 6, 2006.

FOR THE COURT: Gregory C. Langham, Clerk s/Stephen P. Ehrlich By:________________________________ Stephen P. Ehrlich Chief Deputy Clerk APPROVED: s/ Phillip S. Figa _____________________ Phillip S. Figa United States District Judge