Franklin R. Fraley v. Travelers Property Casualty Company of America et al
| Franklin R Fraley, Jr. |
| Does, Fidelity and Guaranty Insurance Underwriters, Inc. and Travelers Property Casualty Company of America |
| 2:2018cv00722 |
| January 29, 2018 |
| US District Court for the Central District of California |
| Andre Birotte |
| Jean P. Rosenbluth |
| Other |
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Filing
176
AMENDED JUDGMENT FOR DEFENDANTS/THIRD-PARTY PLAINTIFFS TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA AND FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. ON THIRD-PARTY COMPLAINT AGAINST DRITA KESSLER AND DK ART PUBLISHING, INC. 167 by Judge And re Birotte Jr.: As set forth in the Court's written Order granting the Motion by Defendants/Third-Party Plaintiffs Travelers Property Casualty Company of America and Fidelity and Guaranty Insurance Underwriters, Inc. (collectively "Traveler s") to Correct or Amend Judgment Against Third-Party Defendants Drita Kessler ("Kessler") and DK Art Publishing, Inc. ("DK Art") 155 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Drita Kessler and DK Art Publishing, Inc. , jointly and severally, shall pay Travelers Property Casualty Company of America and Fidelity and Guaranty Insurance Underwriters, Inc. a total of $3,660,559.97 as damages sustained by Travelers from 7/24/2019 through September 2021 in relation to Plaintiff Franklin R. Fraley, Jr. d/b/a Fraley & Associates' ("Fraley") appeal of the Judgment. Further, said amount is due and owing to Travelers in addition to other amounts owed to Travelers as a result of the Judgment, if any, including, but not limited to, damages for attorney's fees and costs incurred by Travelers from 2/21/2018 to 7/12/2019 in the amount of $217,406.42, plus accrued interest on that amount as set forth in the Judgment. IT IS HEREBY ORDERED, AD JUDGED AND DECREED THAT Drita Kessler and DK Art Publishing, Inc., jointly and severally, shall pay Travelers Property Casualty Company of America and Fidelity and Guaranty Insurance Underwriters, Inc. post-judgment interest on the unpaid principal a mount of this Judgment from the date of entry of this Judgment until paid in full at the rate required by 28 U.S.C. Section 1961, based on the date of this Amended Judgment. The Pretrial Conference and Jury Trial dates are vacated. (MD JS-6, Case Terminated). (gk)
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Filing
127
JUDGMENT FOR DEFENDANTS/THIRD-PARTY PLAINTIFFS TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA AND FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. ON (1) FIRST SUPPLEMENTAL COMPLAINT BY PLAINTIFF FRANKLIN R. FRALEY JR. D/B/A FRALEY & ASSOCIATES AND (2) THIRD-PARTY COMPLAINT AGAINST DRITA KESSLER AND DK ART PUBLISHING, INC. by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff take nothing from Defendant/Third-Party Plaintiff Travelers Property Casualty Company o f America ("Travelers"), and that Plaintiff's action against Travelers be dismissed with prejudice. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff take nothing from Defendant/Third-Party Plaintiff Fidelity and Guaranty Insur ance Underwriters, Inc. ("Fidelity"), and that Plaintiff's action against Fidelity be dismissed with prejudice. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Travelers and Fidelity shall recover costs from Plaintiff by post-judgment bill of costs. JUDGMENT IS HEREBY ENTERED for Defendant Travelers Property Casualty Company of America and against Plaintiff Franklin R. Fraley, Jr. d/b/a Fraley & Associates with respect to each of the causes of action alleged by Plaintiff in the Fi rst Supplemental Complaint against Travelers. JUDGMENT IS HEREBY ENTERED for Defendant Fidelity and Guaranty Insurance Underwriters, Inc. and against Plaintiff Franklin R. Fraley, Jr. d/b/a Fraley & Associates with respect to each of the causes of ac tion alleged by Plaintiff in the First Supplemental Complaint against Fidelity. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Drita Kessler and DK Art Publishing, Inc., jointly and severally, shall pay Travelers Property Casualty Company of America and Fidelity and Guaranty Insurance Underwriters, Inc. a total of $217,406.42 as damages consisting of attorney's fees and costs incurred by Travelers and Fidelity from 2/21/2018 to the date of this Judgment in relation to this action comm enced by Plaintiff. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Drita Kessler and DK Art Publishing, Inc., jointly and severally, shall pay Travelers Property Casualty Company of America and Fidelity and Guaranty Insurance Underwriters, Inc. post -judgment interest on the unpaid principal amount of this Judgment, $217,406.42, from the date of entry of this Judgment until paid in full at the rate of 1.952% as required by 28 U.S.C. Section 1961 based on the date of this Judgment. IT I S HEREBY ORDERED, ADJUDGED AND DECREED that (1) Drita Kessler and DK Art Publishing, Inc., jointly and severally, shall pay Travelers Property Casualty Company of America and/or Fidelity and Guaranty Insurance Underwriters, Inc. additional damages fo r attorneys fees and costs incurred by Travelers and/or Fidelity after the date of this Judgment in relation to any appeal of this Judgment by Plaintiff, if any, and (2) the Court shall retain jurisdiction of this action for the sole ministerial purp ose of calculating the amount of such additional damages sustained by Travelers and Fidelity after the date of this Judgment, if any. JUDGMENT IS HEREBY ENTERED for Third-Party Plaintiff Travelers Property Casualty Company of America and against Thir d-Party Defendants Drita Kessler and DK Art Publishing, Inc. with respect to each of the causes of action alleged by Travelers in the Third-Party Complaint against Kessler and DK Art. JUDGMENT IS HEREBY ENTERED for Third-Party Plaintiff Fidelity and Guaranty Insurance Underwriters, Inc. and against Third-Party Defendants Drita Kessler and DK Art Publishing, Inc. with respect to each of the causes of action alleged by Fidelity in the Third-Party Complaint against Kessler and DK Art. (MD JS-6, Case Terminated). (gk)
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