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U.S., O'BRYANT ELECTRIC, INC. v. RMA LAND CONSTRUCTION, INC., CV14-2093 DSF (FFMX). (2016)

Court: District Court, C.D. California Number: infdco20160816561 Visitors: 14
Filed: Aug. 12, 2016
Latest Update: Aug. 12, 2016
Summary: AMENDED JUDGMENT PURSUANT TO STIPULATION DALE S. FISCHER , District Judge . The Court, having received and reviewed the "STIPULATION FOR ENTRY OF AMENDED JUDGMENT" filed herein, and executed by plaintiffs UNITED STATES FOR THE USE AND BENEFIT OF O'BRYANT ELECTRIC, INC. and O'BRYANT ELECTRIC, INC., a California corporation, and defendant RMA LAND CONSTRUCTION, INC., a California corporation, pursuant to FRCP Rule 54(b) and Rule 58(a) and (b), and good cause appearing therefore: IT IS HEREBY
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AMENDED JUDGMENT PURSUANT TO STIPULATION

The Court, having received and reviewed the "STIPULATION FOR ENTRY OF AMENDED JUDGMENT" filed herein, and executed by plaintiffs UNITED STATES FOR THE USE AND BENEFIT OF O'BRYANT ELECTRIC, INC. and O'BRYANT ELECTRIC, INC., a California corporation, and defendant RMA LAND CONSTRUCTION, INC., a California corporation, pursuant to FRCP Rule 54(b) and Rule 58(a) and (b), and good cause appearing therefore:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that plaintiffs UNITED STATES FOR THE USE AND BENEFIT OF O'BRYANT ELECTRIC, INC. and O'BRYANT ELECTRIC, INC., a California corporation have and recover the principal sum of $563,513.10, plus prompt-payment interest at the rate of 2% per month on all applicable sums pursuant to the federal Prompt Payment Act, 31 U.S.C. §§ 3901, et seq., California Business and Professions Code Section § 7108.5 and California Civil Code Section § 8814, for a total of $380,638.74, together with attorney fees and costs pursuant to said statutes and the parties' contract in the sum of $133,784.28, for a total Judgment in the sum of $1,077,936.10.

IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that O'BRYANT ELECTRIC, INC., a California corporation is entitled to immediate payment of the sum of $176,720.50 from monies being owed to RMA held by the United States Department of the Navy, "NAVFAC SOUTHWEST" pursuant to the Writ of Attachment issued by this court on August 25, 2014 and served on November 6, 2014 on "NAVFAC SOUTHWEST". Defendant RMA LAND CONSTRUCTION, INC., a California corporation is hereby ordered to submit an invoice to the federal Government pursuant to the Government's "iRAPT" electronic invoicing system (formerly known as the "Wide Area Work Flow" invoicing system), or by paper invoice. The purpose of such invoice will be to effectuate the payment of the funds due to Defendant RMA LAND CONSTRUCTION, INC. under Contract No. N62473-08-R-8651-0004, Task Order 0013, Exhibit "1" attached to the First Amended Complaint for Damages on file herein, in accordance with the Government's normal invoicing procedures as established in the above-referenced contract and in applicable statutes and regulations. Defendant RMA LAND CONSTRUCTION, INC. shall submit, along with such invoice, written instructions directing the Government to pay the funds directly to counsel for RMA LAND CONSTRUCTION, INC. via wire transfer to the Client Trust Account for its counsel, Salamirad, Morrow, Timpane & Dunn LLP, to SMTD LLP IOLTA, Account No. 402174463, ABA 122016066, Beneficiary address 17901 Von Karman Ave., Suite 500, Irvine, CA 92614, or via paper check payable to the Client Trust Account for its counsel, Salamirad, Morrow, Timpane & Dunn LLP. Once such funds are received from the Government as a result of the invoice submitted by Defendant RMA LAND CONSTRUCTION, INC., a California corporation, under Contract No. N62473-08-R-8651-0004, Task Order 0013, Salamirad, Morrow, Timpane & Dunn LLP shall immediately pay all such funds so received to Plaintiff O'BRYANT ELECTRIC, Inc., a California corporation.

IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that the Attachment Bond posted and filed herein by plaintiffs UNITED STATES FOR THE USE AND BENEFIT OF O'BRYANT ELECTRIC, INC. and O'BRYANT ELECTRIC, INC., a California corporation on June 16, 2014 is hereby fully exonerated and released.

IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that this Amended Judgment Pursuant to Stipulation shall be entered and effective as of July 5, 2016.

Source:  Leagle

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