1 2 3 4 5 6
IN THE UNITED STATES DISTRICT COURT
7
IN AND FOR THE DISTRICT OF ARIZONA
8 9
Erchonia Medical Inc., et al
10
Case No.:CIV 02-2036-PHX-MHM Consolidated with CIV 02-2048-PHX-MHM and CIV 02-2353-PHX-MHM
Plaintiff,
11
v.
12
Miki Smith, et al
13
Defendants.
14
____________________________________
15
Erchonia Medical Inc., et al
16
JUDGMENT
Plaintiff,
17
v.
18
Miki Smith, et al
19
Defendants.
20
____________________________________
21
Robert E. Moroney, LLC
22
Plaintiff,
23
v.
24
Erchonia Medical, Inc., et al
25
Defendants.
26 27
Case 2:02-cv-02048-MHM
Document 15
Filed 09/28/2007
Page 1 of 2
1 2 3
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
4
decision having been duly rendered:
5
IT IS ORDERED, ADJUDGED AND DECREED, granting plaintiff, ERCHONIA
6
MEDICAL, INC., an Arizona corporation, default judgment against defendant MIKI
7
SMITH, on all remaining claims in this action.
8
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, granting plaintiff,
9
ERCHONIA MEDICAL, INC., an Arizona corporation, an award of damages against
10
defendant MIKI SMITH, plus pre- and post-judgment interest on certain of these state law
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
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; IT IS FURTHER ORDERED awarding Plaintiff the sum of $82,432.50 for its attorneys' fees incurred herein, which sum the Court finds to be reasonable, plus interest on such fees at the rate of 10% per annum, from the date of judgment, until paid in full. Dated this 27th day of September, 2007.
2
Case 2:02-cv-02048-MHM Document 15 Filed 09/28/2007 Page 2 of 2