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

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

Document 186

Filed 11/14/2005

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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. _____________________________________________________________________ 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. Pursuant to and in accordance with the Order on Walker Group' Motion for s

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

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Filed 11/14/2005

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Partial Summary Judgment, signed by 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 s conclusions of law 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 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

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

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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' s default in October 2002? Answer: Yes. 5. What was the value of the assets Walker Group received from First 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 the date of this judgment. It is

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

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Filed 11/14/2005

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FURTHER ORDERED that post judgment interest on the above amount shall accrue at the legal rate of 4.32% from the date of entry of this judgment. 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 the date of this judgment. It is FURTHER ORDERED that post judgment interest on the above amount shall accrue at the legal rate of 4.32% from the date of entry of this judgment. DATED November 14, 2005.

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