Weinman v. Integra Realty Resources et al

District of Nebraska, ned-8:2004-cv-00432

COPY OF ORDER (from the USDC-District of Colorado, Case # 94-WM-2581) assigning judgment to Title 11 Holdings, LLC. Ordered by Judge Walker D. Miller on 5/23/07. (KBJ) Modified on 7/16/2007 to reflect assignment of judgment).

Interested in this case?

Current View

Full Text

8:04-CV-00432-UNA Doc #4 Filed: 07/12/07 Page 1 of 8 - Page ID #11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 94-WM-2581) Adversary Proceeding No. 94-1370-PA Chapter 11 Case No. 92-18853-DEC În re: Case No. 92-18854-PAC Integra Realty Resources, Inc., and Integra - A Hotel & Restaurant Company) Tax I.D. No. 48-0764252 and BHC of Denver, Inc., Tax I.D. No. 74-27914828 Case No. 92-18855-CEM viwili Jointly Administered under Case No. 92-18853-DEC U OFFICE OF L, 07 JUL 12 Fi 3:32 CLEFIX ILFEN Debtors. 8.0461432 wwwuuuuuuuuuuuu VS:. Jeffrey A. Weinman, as Trustee for the Integra Unsecured Creditors' Trust.) Plaintiff, Fidelity Capital Appreciation Fund, et al., ASSIGNMENT OF FINAL JUDGMENT NO. 27 Known all men by these presents that Jeffrey A. Weinman, as the Trustee of the Integra Unsecured Creditors' Trust (the "Assignor'), holder of a certain judgment identified particularly by Final Judgment No., 27 entered on November 8, 1999 (the "Judgment"), registered in the United States District Court of Nebraska on September 7, 2004, identified specifically by case number 2004CV00432 and revived by Order of the United States District Court of Colorado on March 22, 2007 as set out specifically in the Revived Final Judgment No., 27 docketed on May 24, 2007 (the "Revival"), for good and valuable consideration, the receipt of which is hereby acknowledged, does by these presents, without recourse, grant, bargain, sell, transfer and otherwise assign over unto: Title 11 Holdings, LLC 8245 Tournament Drive; Suite 230 Memphis, TN 38125 (901)748-2900 I, the undersigned, Clerk of the United States District Court for the District of Colorado, do certify that the foregoing it the copy om original documnat romana satag on file and rotond i mobile WTNESS any persons and SEAL or said Court, this 27 day or France 2007 GRETORY CLANGHAM 8:04-CV-00432-UNA Doc #4 Filed: 07/12/07 Page 2 of 8 - Page ID # 12 · (the "Assignee'), all right, title and interest in and to recover as judgment from each Defendant the sum to become due thereon with interest, and all rights accrued or to accrue under said judgment below and attached hereto, individually. Copies of the Judgment and Revival are attached hereto and incorporated herein by reference. In witness whereof, said Assignor has signed these presents this day of June, 2007. Jeffrey A. Weinman, Trustee Integra Unsecured Creditors' Trust c/o Lindquist & Vennum P.L.L.P. 600 17th Street, Suite 1800 South Denver, CO 80202-5441 By: Houth State of Colorado County of Denver In Colorado in Said County on the 5 7 day of June, in the year 2007, before me, the undersigned, a notary public in and for said state, appeared Jeffrey A. Weinman, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Luisa Barcokat Notary Public Print Name: Lisa Barenberg My Commission Expires: June 8, 2009 WIN100M USA. BAIN BERG NOTARY WE PUBLIC STATE TADO SOF CON 111111 HENTATI 8:04-CV-00432-UNA Doc #4 Filed: 07/12/07 Page 3 of 8 - Page ID # 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER Civil Action No. 94-cv-02581-WDM-BNB In re:) Adversary Proceeding No. 94-1370-PAC Chapter 11 Case No. 92-18853-DEC Case No. 92-18854-PAC INTEGRA REALTY RESOURCES, INC., and INTEGRA- A HOTEL AND RESTAURANT COMPANY Tax I.D. No. 48-0764252 and BHC OF DENVER, INC., Tax I.D. No. 74-27914828 Case No. 92-18855-CEM Jointly Administered under Case No. 92-18853-DEC Debtors. wuuuuuuuuuuuuuu Jeffrey A. Weinman, as Trustee for the Integra Unsecured Creditors' Trust, Plaintiff, Fidelity Capital Appreciation Fund, et al., Defendants. REVIVED FINAL JUDGMENT NO. 27 THE COURT, having granted Plaintiff's Motion for Revival of Judgments on March 22, 2007 (Docket No. 1401), HEREBY ORDERS that Final Judgment No. 27, originally entered by the Court on November 8, 1999, is hereby revived effective March 22, 2007, to the extent described herein. Dod 2307548] 8:04-CV-00432-UNA Doc #4 Filed: 07/12/07 Page 4 of 8 - Page ID # 14 ** This revival is limited to those Judgment Debtors and suns owed by them that have not been satisfied since the original Judgment's entry. Accordingly, the Court expressly limits this Revival to those Judgment Debtors and sums listed on the attached redacted Final Judgment No. 27, which excludes Judgment Debtors and sums that have been satisfied. The Court authorized such redactions by Order dated August 27, 2001 (Docket No. 983). Post-judgment interest shall continue to accrue as set forth in the original Judgment, dating from the original Judgment's entry. DATED at Denver, Colorado, this 22 day of M ay, 2007 BY THE COURT; s/ Walker D. Miller UNITED STATES DISTRICT JUDGE Doct 23075481 8:04-CV-00432-UNA Doc #4 Filed: 07/12/07 Page 5 of 8 - Page ID # 15 i FILED JANITED STATEBOSTRICT COURT DEWER COLORADO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER NOV 08 2999 tintas F. MANSPEAKER Civil Action No. 94-WM-2583 y In re:) Adversary Proceeding No. 94-1370-PAC Chapter 11 Case No. 92-18853-DEC Case No. 92-18854-PAC INTEGRA REALTY RESOURCES, INC. ad INTEGRA - A HOTEL AND RESTAURANT COMPANY: 4:18 Tal.D. No. 48-0764252. BHC OF DENVER, INC., Tex LD. No. 74-27934828 Case No. 92-18855-CEM Jointly Administered under Case No. 92-18853-DEC Debtors. wuwuwuwuwwwwwwwww Jeffrey A. Weinman, as Trustce for the Integra Unsecured Creditors' Trust, Plaintini, Fidelity Capital Appreciation Fund, et al., Defendants FINAL JUDGMENT NO. 27 Pursuant to and in accordance with the Order Approving Class Settlement With Right to Opt Out entered by the Honorable Walker D. Miller, Judge, on July 7, 1999, and all procedures required thereby having been satisfied, it is ORDERED AND ADJUDGED that the Plaimill, Jeffrey A. Weinnan, as the Trustee of the Integra Unsecured Creditors' Trust, recover as judgment from cach Defendant below, individually: 8:04-CV-00432-UNA Doc #4 Filed: 07/12/07 Page 6 of 8 - Page ID # 16. . Defendant Raymond P. Atwood and Berniece L. Atwood, the sum of $7.00; Defunden. Afmid An Benting terenon of 59,00 Defendant Harold R. Blount, Dorthy Blount, and John Blount, the sum of $112.00, Defendant Owen A. Boardman and Alice Boardman, the sumn of 5329.00; Defendant Robert Bruno, the sum of 556.00; Defensa dahon Form empathesoft.no Defendunt therath Irfhower and Dorothy Etherneputo un oftese.com Defendapt George Claycomb, the sum of $105.00; Defendant Howard A. Dixon and L. Irene Dixon, the sum of $21.00; 9. Defendant Ruth O. Eaves and Ruth L. Willians, the sum of $49.00; 10. 11. 12 14. 15. Defendentisticia-Fischer, thereofSGSMOR Deformalmente fired in Franswandtennion. An Freremtherewoffitting Defendant Roger R. Freier and Deanna L. Freier, the sum of 563.00, Defendent Brantley Goldstein the sum of $28.00, Defendant Mary E. Gress, the sum of 577.00; Dofonden forbunch theraind Gledyo Hanepihe sum of Standarting Erofondant touwpencette Hanke and Eurolyn tatterskor the wrof$978.00 Derforderteftamentat 6Harvey annetture P. Humeyyen off166.00 Dalanda tocophth Higgino and Borothy G. Higging, to srofsge.com 16. 18. 19. Defentent-Emma K. Hiliensrand and bifred War Hildenbrand, the samestih, Defendant Edward F. Hobza, the sum of $175.00; 22. Dofamart Hoberg Horts thermof$28.00,: 8:04-CV-00432-UNA Doc #4 Filed: 07/12/07 Page 7 of 8 - Page ID #17 23. Defendant JelTC. King, the sum of $119.00; Befondankbar s Kieno and Lovers die Klenostikosums2000, Defendant John D. Ord, the sum of S238.00; Defendant Robert A. Owens and Mildred L. Owens, the sum of $175.00; 27. Defendant Paul J. Penes and Marlene J. Penas, the sum of $357.00, 28. Defendant Gail E. Porenier and Gloria J. Ponlenier, the sum of $1,890.00; 29. Defendant Narvilja J. Rabe, the sam of $7.00; Detergento tittertifferent taman tertiff, the men oft20.com 31. Defendant Rencor Lid., the sum of $56.00, . 32. Dalaman. Bitumen Deimantihemor $28.00 33. Defendant Wilier Rising the wwwff98.00 34. Defendant Marina M. Rogers and David L. Rogers, the sum of $56.00; 35. Defendant Lucille L Ruby, the sum of $105.00; 36. Defendant Debra Sapp, the sum of S105.00; 37. Defendant Herman Schnack and Gladys Schnack, the sum of $21.00; 38. Defendant Kenneth E. Shamburg, the aim of $21.00; 39. Dalandant Haban Il Springer and Hobermanlari e Spingou the wwf6704.00 Defendant Richard I. Stero and Judith K. Stem, the sum of $175.00, 42. Davandannatiranklövendon Ivickim jong the eff238.00, Dalandanhadleddphonesphorum fallas.com Defendant Irving Veitzer, the sum of 5595.00; 44. Defendant Mary E. Waller and Mary E. Gress, the sum of 577.00; 8:04-CV-00432-UNA Doc #4 Filed: 07/12/07 Page 8 of 8 - Page ID # 18 ' 45. Dofondoni Mobort. Ward and tharjorio Antharely the sum of $1,024.64 46. · Defessdant Leta Wilson, the sum of $28.00; 47. Beforrient-Herrgittendendienstleikendstine-cum-offisie, 48. Defendant Gregory A. Young, the sum of $28.00; 49. Defendant Emmande de Zimonorary how offittatore Each with interest pursuant 10 28 U.S.C. 31961 thereon at the rate of 5.411 per cena as provided by law.:- . IT IS FURTHER ORDERED AND ADJUDGED pursuant to Rule 34 (b) of the Federal Rules of Civil Procedure that there is no just reason for delay in the entry of this judgment, and therefore, this judgment shall be entered as a separac, final judgment. DATED this 24 day of October, 1999 lelle Walker D. Miller, United States District Court Judge EOD UNID STATES DISTRICT Cien DENVEA, COLOANDO:.34 - 899 WANDL M LIANSPEAKER I, the saigned, Clack of the Unita Street Cant for the nucler Criminalists the souri: cry of 29 or!çin ... -*- on aile and rom: 4:.. VETREUT. SKAL of raid Coutib! 3. flok Sheep C LANSAM -..VE