Elena Puga and Nicole Edwards, On Behalf of Themselves and All Others Similarly Situated v. Nephrite Fund I, LLC (2024)

Citation: Elena Puga and Nicole Edwards, On Behalf of Themselves and All Others Similarly Situated v. Nephrite Fund I, LLC (2024)
Parent Document: Elena Puga and Nicole Edwards, On Behalf of Themselves and All Others Similarly Situated v. Nephrite Fund I, LLC (2024)
Jurisdiction: Missouri (state)
Effective Date: 2024-09-10
Original Source: https://www.courtlistener.com/opinion/10631430/elena-puga-and-nicole-edwards-... ↗

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        Strategic and SPIG had loaned money to Nephrite to use for improvements to the
Apartment. Founder is also the manager and part owner of SPIG and wanted to ensure that those
loans would be repaid from the sale of the Apartment. Founder believed a UCC Financing
Statement provided SPIG with lien priority over any stipulated judgment in this class action.
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         plaintiffs' motion to amend or request for Judgment on the negligence
         count. Defendants further agree to provide in writing a complete list of
         all insurance companies and policies that might provide coverage
         relating to their liability at [the Apartment] within 7 days of execution
         of the settlement agreement.
      5. Defendants agree to an immediate cessation of all collection and
         eviction attempts against any class member or tenant of [the Apartment]
         from 2016 to present. Following execution of the settlement agreement,
         defendants agree to dismiss all pending collection and rent and
         possession cases involving a class member or tenant of [the Apartment]
         within 3 days.
      6. Defendants agree that they will not object, dispute or make any
         comment on any application for attorney's fees, request for expense
         reimbursement, or incentive award that the class and its counsel may
         seek from the Court. The request for fees, expense reimbursements and
         incentive awards will be from the common fund created by the
         settlement, as set forth in paragraph 1 above.
      7. Defendants shall pay all costs of any notice to the class arising from this
         settlement, publication, or mailing of a proof of claim form, and any
         subsequent administration of the common fund following the 537.065
         proceedings or sale of [the Apartment].
      8. Within 3 days of execution of the settlement agreement, Defendants
         agree to reimburse class counsel for costs associated with defendants'
         unilateral cancellation of depositions. . . .
      9. Defendants shall pay all mediation costs.
      10. All Orders entered by the Court in this case shall continue to have
         effect until this dispute is finally determined, including by resolution of
         any 537.065 claims, or the sale of [the Apartment], or an appeal.

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