10 uw 12 1B 14 15 16 7 18 19 20 21 22 23 24 25 26 27 cng sae Joc Paul R. Hejmanowski, Fsq., NSB 94 Maximiliano D. Couvillier ill, Esq., NSB 7661 LIONEL SAWYER & COLLINS 300 South Fourth Street, Suite 1700 Las Vegas, NV 89101 Phone: (702) 383-8888 / Fax: (702) 383-8845 phejmanowski@lionelsawyer.com ‘meouvillier@lionelsawyer.com Attorneys for Plaintiffs DISTRICT COURT CLARK COUNTY, NEVADA wenee JOSEPH BRAVO; DAVID Z. CHESNOFF, ) — CaseNo. A 536644 ECKLEY M. KEACH; CAPITALGROWTH = )—sDeptNo. XI LIMITED, INC., a Nevada corporation; PUNTA) ARENA de la VENTANA, S.A. de C.V.,@ ) Mexican corporation; and BOCA DE LA SALINA, ) CONTEMPT JUDGMENT S.A. de C.V., a Mexican corporation, ) AGAINST ALVARO VILLAGRAN, ) J. PEDRO VILLAGRAN, and ) ARIEL VILLAGRAN Plaintiffs, ) v ; ) CAPITAL GROWTH LLC, a Nevis limited ) liability company; and KERRY ROGERS, an) individual, ) ) Ee etnias ee eeereeeaeaeat JUDGMENT OF CONVICTION The Court held evidentiary hearings on December 10, 2010, and February 4, 2011, to determine: A) Whether Alvaro Villagran is in contempt of the Court's: (i) injunction order, initially entered on September 20, 2007, and becoming final on January 21, 2009 ("Injunction Order"); 92-09-11417:43 ReygBow s Soca rwaanu Gi) 06/22/10 Amended Order to Show Cause ("06/22/10 Order"); and (fii) 09/07/10 Order Setting Evidentiary Hearing And Compelling Alvaro Villagran to Appear and Order Continuing OSC ("09/07/10 Order"); and B) Whether J. Pedro Villagran and Ariel Villagran are in contempt of the Court's: (i) Injunction Order; (ii) 09/07/10 Order; and (iii) 12/28/10 Order Setting Evidentiary Hearing And Compelling Ariel Villagran and J. Pedro Villagran to Appear ("12/28/10 Order"). Collectively, Alvaro Villagran, J. Pedro Villagran and Ariel Villagran are referred to as the "Villagrans.” ‘The Court, having reviewed all papers on file, the evidence presented during the hearings and the extensive record of all prior proceedings before this Court, finds the following facts and conclusions of law: IT IS ORDERED AND ADJUDGED: 1. Alvaro Villagran, J. Pedro Villagran and Ariel Villagran are adjudged guilty of the offense of civil contempt. 2. To compel compliance with the Court's orders and the judicial process, this Court sentences Alvaro Villagran, J. Pedro Villagran and Ariel Villagran to be incarcerated forthwith and without bail for a term of 15 consecutive days in the CLARK COUNTY DETENTION CENTER located at 330 S. Casino Center Boulevard, Las Vegas, Nevada 89101 3. J. Pedro Villagran is ordered to pay a fine in the amount of Five Hundred Dollars ($500.00) to the Clerk of the Court pursuant to NRS 22.100 (2), as an additional mechanism to compel compliance with the Court's orders and the judicial process. 4, Alvaro Villagran is ordered to pay a fine in the amount of Five Hundred Dollars ($500.00) to the Clerk of the Court pursuant to NRS 22.100 (2), as an additional mechanism to compel compliance with the Court's orders and the judicial process. 5. Ariel Villagran is ordered to pay a fine in the amount of Five Hundred Dollars1 | ($500.00) to the Clerk of the Court pursuant to NRS 22.100 (2), as an additional mechanism to 2 | compel compliance with the Court's orders and the judicial process. 3] 6. Upon incarceration, the Villagrans shall be produced before the Honorable Eighth 4 Judicial District Court Judge Elizabeth Gonzalez for further proceedings regarding purging the 5 | contempt and showing that they are in full compliance with the Iunetion Order. 7 Dated and done this_[O day of February, 2011 8 9 10 11 | Submitted By: | | LIONEL SAWYER & COLLINS | 12 1 | 13 Pls ia Hoowski, Maximiliffio D. Couvillier I, Bar #7661 15. | Attomeys for Plaintifis 16 \ 17 18 19 20 21 22 23 24 25 26 27 voveasun ens 3