Grassmueck v. Balada et al

Memorandum in Support of Motion for Entry of Judgment Dismissing Case.

D. Or.June 5, 2012

Page 1 - MEMORANDUM IN SUPPORT OF MOTION FOR ENTRY OF JUDGMENT DISMISSING CASE WITHOUT AWARD OF FEES OR COSTS TO ANY PARTY STEWART SOKOL & GRAY LLC ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503) 223-5706 Stephen S. Walters, OSB No. 801200 swalters@allenmatkins.com David Zaro, CA Bar No. 124334 dzaro@allenmatkins.com Francis N. Scollan, CA Bar No. 186262 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 12th Floor Three Embarcadero Center San Francisco, California 94111 Telephone: 415-837-1515 Facsimile: 415-837-1516 John Spencer Stewart, OSB No. 711648 jstewart@lawssg.com STEWART SOKOL & GRAY LLC 2300 SW First Avenue, Suite 200 Portland, Oregon 97201 Telephone: 503-221-0699 Facsimile: 503-419-0281 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION MICHAEL GRASSMUECK, Receiver, Plaintiff, v. SANDI BALADA; BRYON CROSBY; HASMIG DERDERIAN; RICH GIGLIO; TOBBE HENNBY; KATHY HESHELOW; ERIC HILDEBRAND; ERIC MEURER; LARRY MILLER; ALAN POLLACK; RANDALL POPE; ALEX RHOTEN; RON ROSS; TAMARA SANNER; R. TOM SMITH; DIRK STANGIER; JIM STOCK; DARYL TEMPLETON; TRINA TRAVESS; RUSTY TWEED; MELONIE WATERS; WILLIAM WHITE; RICHARD WIELDE; ROBERT ZINK; CAPWEST SECURITIES, INC.; DIRECT CAPITAL SECURITIES, INC.; AND K-ONE INVESTMENT COMPANY, INC., Defendants. Case No. 6:10-cv-06076-HO MEMORANDUM IN SUPPORT OF MOTION FOR ENTRY OF JUDGMENT DISMISSING CASE WITHOUT AWARD OF FEES OR COSTS TO ANY PARTY Case 6:10-cv-06076-HO Document 58 Filed 06/05/12 Page 1 of 2 Page ID#: 212 Page 2 - MEMORANDUM IN SUPPORT OF MOTION FOR ENTRY OF JUDGMENT DISMISSING CASE WITHOUT AWARD OF FEES OR COSTS TO ANY PARTY STEWART SOKOL & GRAY LLC ATTORNEYS AT LAW 2300 SW FIRST AVENUE, SUITE 200 PORTLAND, OREGON 97201-5047 (503) 221-0699 FAX (503) 223-5706 Plaintiff, Michael Grassmueck as Receiver, submits the following memorandum in support of his Motion for Entry of Judgment Dismissing Case Without Award of Fees or Costs to Any Party (the “Motion”). The Receiver asserted claims against certain brokers and dealers relating to the Sunwest Receivership, including brokers and dealers named in this action. The claims asserted include the claims assigned by the Court's Order Regarding Assignment of all Sunwest Investors’ Rights and Claims Against Certain Third Parties to Receiver (Case Number 6:09-cv-06056-HO, Docket Number 1985) entered April 6, 2011, as amended and/or augmented by Docket Number 2179 (hereafter the “Assignment Order”). On or about August 17, 2011, the Receiver settled many of the claims asserted against certain brokers and dealers in this case, which settlement the Court approved on or about September 20, 2011 (Docket Number 56 in this case). Pursuant to the terms of that settlement, the Receiver seeks a judgment that dismisses all settling defendants with prejudice, and without the award of costs or fees to any party. At this time, the Receiver also requests that the Court enter a judgment that dismisses the remaining, non-settling defendants without prejudice, and without the award of attorneys’ fees or costs to any party. None of the non-settling defendants filed an answer or other responsive pleading, and there are no counterclaims pending. The Receiver requests that the Court enter the proposed form of Judgment submitted herewith. DATED this 5 th day of June, 2012. ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP By __/s/ Francis N. Scollan___ Francis N. Scollan 12th Floor Three Embarcadero Center San Francisco, California 94111 Telephone: 415-837-1515 Facsimile: 415-837-1516 Attorneys for Receiver Michael Grassmueck Case 6:10-cv-06076-HO Document 58 Filed 06/05/12 Page 2 of 2 Page ID#: 213