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HomeMy WebLinkAbout963829vs. IN THE DISTRICT COURT OF FREMONT COUNTY, WYOMING NINTH JUDICIAL DISTRICT Plaintiffs, Defendants. RECEIVED 3/28/2012 at 9:49 AM RECEIVING 963829 BOOK: 783 PAGE: 698 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Civil No. 37707 (Combined) PRECISION ANALYSIS, L.L.C., a Wyoming Limited Liability Company; and STAR *TECH, Inc., a Wyoming corporation, GARY ANDERSON, individually; and, as agent and /or employee of ROCKY MOUNTAIN INNOVATIONS, LLC. a Wyoming Limited Liability Company; ROCKY MOUNTAIN INNOVATIONS, LLC.; GARY ANDERSON AND DEBBIE ANDERSON, Husband and Wife; SCOTT ANDERSON, a married man; JUDGMENT THIS MATTER came on regularly for trial on the 12th day of December, 2011, Plaintiffs appearing by and through their attorneys, John R. Vincent of Riverton, Wyoming, and Ann Davey of Jackson, Wyoming; and the Defendants appearing through their attorney, John C. Schumacher of Riverton Wyoming. A jury of twelve persons and one alternate juror, who did not participate in deliberations upon the Jury Verdict entered in this case, was regularly empaneled and sworn to try this action. After hearing the evidence and the instructions of the Court and argument of counsel, on the 20th day of December, 2011, the Jury returned their written Jury Verdict and Special Jury Verdict Exemplary Damages into Court and were polled thereon by the Deputy Clerk of the District Court, Christy Green, on the Jury Verdict. The Jury's Verdicts provided in pertinent part: 1. The Defendants Gary Anderson and Rocky Mountain Innovations, LLC are liable for conversion as to Plaintiff Star *Tech and the amount of damages incurred by Star *Tech is $1,459,454,79. 2. The Defendants Gary Anderson and Rocky Mountain Innovations, LLC are liable for conversion as to Plaintiff Precision Analysis, LLC, and the amount of damages incurred by Precision Analysis, LLC is $41,115.44. 3. The Defendant Scott Anderson is not liable for conversion as to Plaintiff Star *Tech, Inc. 4. The Defendant Scott Anderson is liable for conversion as to Plaintiff Precision Analysis, LLC, and the amount of damages incurred is $20,000.00. 5. The Jury rendered no verdict on the fraud claims as to any Defendant. JOURNAL N0. PAGE s.qa. 00698 FREMONT C WY IN THE DISTRICT COURT AN 12 2012 Katie Brodie Meredith Clark of Cote By, DEPUTY CLERK 6. The Plaintiff Precision Analysis, LLC should be awarded punitive damages against Defendant Gary Anderson for willful and wanton misconduct in the amount of $25,000. 7 The Plaintiff Star *Tech, Inc. should be awarded punitive damages against Defendant Gary Anderson for willful and wanton misconduct in the amount of $100,000. 00699 8. The Plaintiff Precision Analsyis, LLC is not liable for unjust enrichment as to any Defendant. 9. The Plaintiff Star *Tech, Inc. is not liable for unjust enrichment as to any Defendant. 10. The court dismissed constructive trust claims against Defendant Debra Anderson and Defendant Scott Anderson. NOW THEREFORE, it is hereby ordered that Judgment be and the same is hereby entered in favor of the Plaintiffs and against the Defendants as follows: 1. The sum of $1,459,454.79 as damages to Plaintiff Star *Tech for conversion by Defendants Gary Anderson and Rocky Mountain Innovations, LLC; 2. The sum of $41,115.44 as damages to Plaintiff Precision Analysis, LLC, for conversion by Defendants Gary Anderson and Rocky Mountain Innovations, LLC; 3. The sum of $20,000.00 as damages to Plaintiff Precision Analysis, LLC, for conversion by Defendant Scott Anderson; 4. The sum of $25,000.00 as punitive damages for Plaintiff Precision Analysis, LLC, as against Defendant Gary Anderson; and, 5. The sum of $100,000.00 as punitive damages for Plaintiff Star *Tech, Inc., as against Defendant Gary Anderson. IT IS FURTHER ORDERED that all sums shall accrue interest at the legal rate of 10% annually from the date of entry of this Judgment until satisfied; and, IT IS FURTHER ORDERED that Plaintiffs' recoverable costs shall be paid by the Defendants. Plaintiffs shall submit an appropriate Cost Bill within the time and manner provided by the applicable Court Rules; and, IT IS FURTHER ORDERED that Plaintiffs take nothing by way of their fraud or constructive trust against Defendants. IT IS FURTHER ORDERED that Defendants Gary Anderson and Scott Anderson take nothing by way of their counterclaims against Precision Analysis, LLC, and Star *Tech. DATED this] A, a y of January, 2012. APPROVED AS TO FORM: BY THE OURT: NORMAN E. YO Judgment, Civil No. 37707 Page 2 'strict Judge cSILI BY umacher, Attorney for Defendants IR L Vincent, Attorney for Plaintiffs /6/ Z CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was served by prepaid mail upon the foils in persons at their I, a�t}��Qwn this day of `1,L °r �tliv�r.�r�s Judgment, Civil No. 37707 Page 3 00'700 The State of Wyoming County of Fremont I, Katie Brodie Meredith, Clerk of the Ninth Judicial District Court within and for said County and in the State aforesaid Do Hereby Certify the Foregoing to be a Full, True and Complete copy. Signed t My term expires Jan. 1, 2015 d ZPo