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Rey v. Rey

United States District Court, W.D. Washington, Tacoma

June 13, 2019

JEAN PIERRE REY, an individual, and ILZE SILARASA, an individual, Plaintiff,
v.
MICHEL REY and RENEE REY, husband and wife; U.S. INVESTMENT GROUP CORPORATION, a Washington corporation; U.S. GROWING INVESTMENTS INC., a Washington corporation; VISITRADE INC., a Washington corporation; BUILDERS SURPLUS NORTHWEST INC., a Washington corporation; and NEVAWA, INC., a Nevada corporation, Defendants.

          THE HUNSINGER LAW FIRM MICHAEL D. HUNSINGER, Attorney for Jean Pierre Rey and Ilze Rey

          MARK D. KIMBALL, DENNIS R. KASIMOV Attorneys for Ortoli Rosenstadt, LLP

          VANDEBERG JOHNSON & GANDARA LUCY RUSSELL CLIFTHORNE, Attorneys for Defendants Michel Rey, U.S. Investment Group Corporation, U.S. Growing Investments Inc., Visitrade Inc., Builders Surplus Northwest Inc., Nevawa, Inc.

          MORGAN HILL PC ROBERT M. HILL, MEGAN RUE Attorneys for Defendant Renee Rey

          ORDER GRANTING PLAINTIFFS' MOTION REGARDING SALE OF REAL PROPERTIES, ETC.

          BENJAMIN H. SETTLE, UNITED STATES DISTRICT JUDGE.

         THIS MATTER having come on for determination upon the Motion Regarding Sale of Real Properties submitted by Plaintiffs Jean Pierre Rey and Ilze Rey and Defendant Visitrade, Inc., and the Court having reviewed the records and files herein and finding good cause therefore, NOW, THEREFORE:

         ORDER

         IT IS HEREBY ORDERED that the distribution of funds from the sale of real properties referred to in the Court's April 2, 2018 Order shall be as follows:

         The Firehouse Property

         1. The Firehouse Property.

         The “Firehouse” is the commercial property located at 495 Morrill Ave, Reno, Nevada 89512, Tax Parcel No. 008-342-07 (the “Firehouse”), the legal description of which is:

PARCEL NO. 1:
Lot 105 of DOWNTOWN SERVICE CENTER, according to the map thereof, filed in the Office of the County Recorder of Washoe County, Nevada, on April 19, 1973, as File No. 283250, of Official Records, as Tract Map No. 1379.
PARCEL NO. 2:
BEGINNING at the Northwest corner of Lot 105 of the DOWNTOWN SERVICE CENTER SUBDIVISION filed with the Washoe County Recorder on April 19, 1973; THENCE Southerly 81.82 feet to the Southwest corner of said Lot 105; THENCE Westerly 10 feet to the centerline of the alley; THENCE Northerly along the centerline of said alley to the point of intersection with the South right-of-way line of East Fifth Street; THENCE Easterly to the Northwest corner of said Lot 105, to the point of beginning.
APN: 008-342-07

         2. Closing of Firehouse Sale.

         Ortoli Rosenstadt, LLP (“the Ortoli firm”) - represented by Maupin, Cox & LeGoy (“MCL”) and MDK Law (“MDK”) - as well as Visitrade Inc. (“Visitrade”) - represented by the Gunderson Law Firm (“Gunderson”) and the Hunsinger Law Firm (“Hunsinger”) - each seek to act on behalf of Visitrade with respect to the sale of the Firehouse to Javelin Properties, LLC for One Million Eight Hundred Fifty Thousand Dollars ($1, 850, 000.00). Solely for the purpose of facilitating the sale of the Firehouse, Visitrade and the Ortoli Firm shall both be entitled to speak for and act on behalf of Visitrade with respect to only the Firehouse sale as follows:

i. Only members of the Ortoli firm, MCL, and MDK shall communicate with the third parties[1] on behalf of the Ortoli Firm, and only members of Gunderson and Hunsinger shall communicate with the third parties on behalf of Visitrade.
ii. All written communications (documentary or electronic) from either party to any third party shall be cc'd to the other party, and any written communication received by one party shall be promptly forwarded to the other party if the latter was not cc'd.
iii. Each party shall be promptly notified of any non-written communications to or from third parties by the other party.
iv. All documents that are required to be signed by Visitrade with respect to the sale of the Firehouse shall be signed by both Gunderson or Hunsinger on behalf of Visitrade and either Richard Ortoli, Marc Gottlieb, MCL, or MDK on behalf ...

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