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REC’D & FILED
2012 OCT 31 PM 1:42
ALAN GLOVER CLERK
BT DEPUTY _________
Matthew D. Francis (6978)
Adam P. McMillen (10678)
WATSON ROUNDS
5371 Kietzke Lane
Reno, NV 89511
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff Margolin
In The First Judicial District Court of the State of Nevada
In and for Carson City
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JED MARGOLIN, an individual, Plaintiff, VS.
OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation, REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, an individual, DOE Companies 1-10, DOE Corporations 11-20, and DOE Individuals 21-30, Defendants.
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Case No.: 09OC00579 1B Dept. No.: 1
DEFAULT JUDGMENT |
WHEREAS Plaintiff filed the Amended Complaint in this action on August 11, 2011. After extensive briefing regarding service on Defendants Optima Technology Corporation, a Nevada corporation, and Optima Technology Corporation, a California corporation (together the "Defendants"), and after the Court denied Defendants' Motion to Dismiss, Defendants served and filed a General Denial in response to the Amended Complaint. The General Denial was served on March 13, 2012 on behalf of the Defendants.
WHEREAS on March 13, 2012, Defense counsel moved to withdraw from representing all of the individual and corporate Defendants in this action. On March 16, 2012,
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Plaintiff filed a non-opposition to Defense counsel's Motion to Withdraw, and on April 26, 2012, this Court granted Defense counsel's Motion to Withdraw.
WHEREAS on May 15, 2012, Plaintiff moved this Court for an order compelling the appearance of counsel for the Defendants or in the alternative an order striking the General Denial of the Defendants. The Defendants did not respond to the motion. On June 28, 2012, this Court ordered that the Defendants retain counsel and that counsel enter an appearance in this matter on behalf of the Defendants by July 15, 2012. This Court also ordered that if no appearance was made by that date the General Denial would be stricken.
WHEREAS since no appearance was made on behalf of the Defendants, Plaintiff filed an application for entry of default on September 14, 2012. On September 24, 2012, this Court entered a default against the Defendants. The notice of entry of default was served on September 26, 2012, and filed on September 27, 2012. Now Plaintiff seeks entry of a default judgment against Defendants.
WHEREAS Defendants are not infants or incompetent persons and are not in the military service of the United States as defined by 50 U.S.C. Appx § 521.
WHEREAS the allegations in Plaintiffs Amended Complaint warrant entry of final judgment against Defendants Optima Technology Corporation, a Nevada corporation, and Optima Technology Corporation, a California corporation, for conversion, tortious interference with contract, intentional interference with prospective economic advantage, unjust enrichment, and unfair and deceptive trade practices.
WHEREAS Defendants Optima Technology Corporation, a Nevada corporation, and Optima Technology Corporation, a California corporation, are jointly and severally liable to Plaintiff for the principal amount of $1,286,552.46.
THEREFORE, Judgment is hereby entered for Plaintiff and against Defendants Optima Technology Corporation, a Nevada corporation, and Optima Technology Corporation, a California corporation, for damages, along with pre-judgment interest, attorney's fees and costs in the amount of $1,286,552.46, plus interest at the legal rate, pursuant to NRS 17.130, thereon from the date of default until the judgment is satisfied.
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JUDGMENT is hereby entered against Defendants Optima Technology Corporation, a Nevada corporation, and Optima Technology Corporation, a California corporation, in favor of Plaintiff this 31st day of October, 2012.
James T. Russell
DISTRICT COURT JUDGE