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PIC Group Inc. v. Buena Vista Biomass Power, LLC, 2:16-cv-02547-MCE-GGH. (2017)

Court: District Court, E.D. California Number: infdco20170626754 Visitors: 12
Filed: Jun. 22, 2017
Latest Update: Jun. 22, 2017
Summary: JOINT STIPULATION FOR JUDGMENT AND ORDER MORRISON C. ENGLAND, Jr. , District Judge . It is hereby STIPULATED BY AND BETWEEN Plaintiff PIC Group ("PIC") and Defendant Buena Vista Biomass Power, LLC ("BVBP"), by and through their respective attorneys of records, that: 1. On October 26, 2016, PIC filed its Complaint against BVBP asserting claims for (1) breach of written agreements; (2) breach of the covenant of good faith and fair dealing; (3) open book account; (4) common count: account st
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JOINT STIPULATION FOR JUDGMENT AND ORDER

It is hereby STIPULATED BY AND BETWEEN Plaintiff PIC Group ("PIC") and Defendant Buena Vista Biomass Power, LLC ("BVBP"), by and through their respective attorneys of records, that:

1. On October 26, 2016, PIC filed its Complaint against BVBP asserting claims for (1) breach of written agreements; (2) breach of the covenant of good faith and fair dealing; (3) open book account; (4) common count: account stated; (5) express contractual indemnity; and (6) equitable indemnity, arising out of services PIC provided to BVBP in connection with a power plant owned and operated by BVBP at 4655 Coal Mine Road, Ione, California 95640 (the "Action"). On January 6, 2017, BVBP answered PIC's Complaint, denying PIC's claims and requests for relief.

2. After engaging in settlement discussions, PIC and BVBP have agreed to settle this Action, pursuant to the following terms of this Joint Stipulation for Judgment and Order:

a. Judgment shall be entered for PIC in the amount of $368,459.47 ("Judgment Amount").

b. Upon entry of judgment pursuant to this Joint Stipulation for Judgment and Order, PIC may record a judgment lien in Amador County on the power plant owned and operated by BVBP located at 4655 Coal Mine Road, Ione, California 95640. Except for recording the judgment lien, PIC agrees to refrain from any further collection efforts on the judgment pursuant to this Joint Stipulation for Judgment and Order until December 31, 2017.

3. In the event that BVBP fails to pay the full Judgment Amount on or before December 31, 2017, PIC may commence any actions necessary to collect the Judgment Amount. PIC shall be entitled to an award of the attorney's fees incurred in its collections efforts, plus post-judgment interest from the date of entry of this Judgment and Order.

SO STIPULATED.

JUDGMENT AND ORDER

Pursuant to the Parties Joint Stipulation for Judgment and Order IT IS SO ORDERED AND ADJUDGED, and judgment pursuant to the terms of the Joint Stipulation is hereby entered as follows:

1. Judgment is granted in favor of PIC in the amount of $368,459.47 ("Judgment Amount").

2. Upon entry of judgment pursuant to this Joint Stipulation for Judgment and Order, PIC may record a judgment lien in Amador County on the power plant owned and operated by BVBP located at 4655 Coal Mine Road, Ione, California 95640. Except for recording the judgment lien, PIC agrees to refrain from any further collection efforts on the judgment pursuant to this Joint Stipulation for Judgment and Order until December 31, 2017.

3. In the event that BVBP fails to pay the full Judgment Amount on or before December 31, 2017, PIC may commence any actions necessary to collect the Judgment Amount. PIC shall be entitled to an award of the attorney's fees incurred in its collections efforts, plus post-judgment interest from the date of entry of this Judgment and Order.

IT IS SO ORDERED.

Source:  Leagle

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