Branch Banking and Trust Company vs Jones/Windmill, LLC, et al.
| Branch Banking and Trust Company |
| DMSI, LLC, Yoel Iny, Jones/Windmill, LLC, Noam Schwartz Trust Dated August 19, 1999, Noam Schwartz and Y & T Iny FamilyTrust Dated June 8, 1994, as amended |
| 2:2012cv00452 |
| March 16, 2012 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| James C. Mahan |
| George Foley |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
208
ORDER granting 205 Stipulation to Vacate 169 and 204 Judgments and to Dismiss Action with Prejudice; Signed by Judge James C. Mahan on 12/22/2017. (Copies have been distributed pursuant to the NEF - JM)
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Filing
204
JUDGMENT on Attorney Fees in favor of Branch Banking and Trust Company against DMSI, LLC, Jones/Windmill, LLC, Noam Schwartz, Yoel Iny. Signed by Clerk of Court Debra K. Kempi on 12/15/2017. (Copies have been distributed pursuant to the NEF - JM)
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Filing
188
ORDER granting in part and denying in part 171 Motion for Attorney Fees (See Order for Details). Signed by Judge James C. Mahan on 2/7/2017. (Copies have been distributed pursuant to the NEF - JM)
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Filing
169
JUDGMENT. ORDERED that on February 29, 2012, the date of the trustee's sale, taking the amount of the indebtedness ($1,128,641.98) and providing Defendants credit for the fair market value of the subject property ($438,648.25) on s aid date, which is higher than the trustee's sale price ($296,000.00), the amount of the deficiency owed by Defendants to Plaintiff on February 29, 2012 was $689,993.73.FURTHER ORDERED that as of June 23, 2016 (1576 days from the tr ustee's sale), the deficiency amount is $908,990.07, comprised of principal in the amount of $689,993.73 and accrued interest in the amount of $218,996.34, which was calculated pursuant to a default interest rate of 7.25%. That deficiency amount shall accrue interest at the per diem rate of $138.96 until the date of this judgment.FURTHER ORDERED that judgment is entered in favor of plaintiff BRANCH BANKING AND TRUST COMPANY and against JONES/WINDMILL, LLC, YOEL INY, NOAM SCHWARTZ, Y & T INY FAMILY TRUST dated June 8, 1994, NOAM SCHWARTZ TRUST dated August 19, 1999, and D.M.S.I., LLC, jointly and severally, in the amount of $908,990.07.FURTHER ORDERED that interest shall accrue at the legal rate fro m the date of judgment until the judgment is paid in full. FURTHER ORDERED that plaintiff Branch Banking and Trust is entitled to reasonable attorneys fees and costs in the amount to be determined by the court. If Branch Banking and Trust Company seeks to recover those fees and costs, it shall file a motion with appropriate documentation within 14 days of entry of this judgment. Signed by Judge James C. Mahan on 7/7/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
167
ORDER Adopting 166 Report and Recommendation. FURTHER ORDERED that the fair market value of the Jones/Windmill, LLC property at the time of the foreclosure sale on February 29, 2012, is set at $438,648.25. FURTHER ORDERED that plaintiff Branch Banking & Trust Company shall prepare a proposed judgment consistent with the foregoing within seven (7) days of entry of this order. Signed by Judge James C. Mahan on 6/16/16. (Copies have been distributed pursuant to the NEF - JM)
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Filing
165
ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the parties' 138 Stipulation to Facts Regarding the Sale Price Garnered at the Trustee's Sale be, and the same hereby is, DENIED as moot. Signed by Judge James C. Mahan on 02/09/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Filing
150
ORDER Granting 149 Stipulation. Evidentiary Hearing reset for 10/6/2015 at 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 8/24/2015. (Copies have been distributed pursuant to the NEF - DC)
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Filing
146
ORDER Granting 145 Stipulation Regarding Trial. The Jury Trial Scheduled for 8/10/2015 is Vacated. Signed by Judge James C. Mahan on 8/7/2015. (Copies have been distributed pursuant to the NEF - DC)
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Filing
131
ORDER Granting 125 Motion for Clarification. Signed by Judge James C. Mahan on 8/3/2015. (Copies have been distributed pursuant to the NEF - DC)
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Filing
126
ORDER re 125 Emergency Motion for Clarification. Response due by 7/27/2015 at 12:00 pm. Replies due by 7/29/2015 at 12:00 pm. Signed by Judge James C. Mahan on 7/22/2015. (Copies have been distributed pursuant to the NEF - DC)
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Filing
114
ORDER Denying 98 Motion for District Judge to Reconsider Order and Denying 108 Motion for Attorney Fees. Signed by Judge James C. Mahan on 3/3/2015. (Copies have been distributed pursuant to the NEF - DC)
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Filing
97
ORDER Granting 68 Motion for Summary Judgment as to all issues except the fair market value of the property at the time of the trustees sale. Denying 69 Motion for Hearing. Denying 70 Motion for Summary Judgment. Denying 93 Motion to certify questions of law. Opening brief due within 30 days. Reply brief due within 10 days of the filing of the opening brief. Signed by Judge James C. Mahan on 8/5/2014. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
65
ORDER Granting 61 Defendants' Motion to Reinstate This Court's 44 Order. IT IS FURTHER ORDERED that Defendants have 10 days from the publication of this order to file the answer attached to their motion as exhibit 1. Signed by Judge James C. Mahan on 12/03/2013. (Copies have been distributed pursuant to the NEF - AC)
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Filing
58
CONSENT PROTECTIVE ORDER Granting 57 Defendants' Motion for Protective Order (Consent Protective Order). Signed by Magistrate Judge George Foley, Jr on 09/18/2013. (Copies have been distributed pursuant to the NEF - AC)
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Filing
45
ORDER Granting 35 Defendants' Motion to Stay Proceedings. IT IS FURTHER ORDERED that this case is stayed until March 7, 2013 or until the Nevada Supreme Court rules on the relevant appeals, whichever is shorter. Telephonic Status Conference set for 2/27/2013 09:30 AM before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 01/23/2013. (Copies have been distributed pursuant to the NEF - AC)
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Filing
26
ORDER Denying, without prejudice, 25 Proposed Discovery Plan/Scheduling Order. FURTHER ORDERED that the parties are to file a revised Discovery Plan and Scheduling Order in compliance with LR 26-1(d), including any request for special scheduling review, within 10 days of the date of this order. Signed by Magistrate Judge George Foley, Jr on 7/27/12. (Copies have been distributed pursuant to the NEF - MMM)
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