RICHARD A. SCHONFELD, ESQ. Nevada Bar No. 6815 2 || CHESNOFF & SCHONFELD 520 South Fourth Street 3|| Las Vegas, Nevada 89101 Telephone: (702) 384-5563 Attorney for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 MICHAEL NIDIFFER, an Individual CASE NO. = 3:25-cv-00409-MMD-CLB g Plaintiff, 9 vs. 10 11 ROBERT RODRJGUEZ, an individual; Doe Individuals I through X, and Roe 12 || Corporations I through x, B Defendants. 14 15 16 JUDGMENT AND ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR □□□□□□□ 17 JUDGMENT 18 Having come before the Court on Plaintiffs Motion for Default Judgment (ECF No. 9), th 19 || Court having reviewed the papers and pleadings on file herein hereby finds good cause for the reason 20 || discussed herein to grant default judgment in favor of PlaintiffMichael Nidiffer and against Defendan 21 || Robert Rodriguez, for compensatory damages in the amount of $690,000, for the imposition of. 22 || constructive trust in the amount of $690,000, and for attorney's fees with the amount to be set by wa 23 || ofa separate Judgment. The Court finds and Orders as follows: 1. The Complaint in this case alleges state law claims, including misrepresentation, breach o 25 contract and conversion, stemming from Plaintiff's transfer ofmoney and property to Defendan 26 in exchange for the sale of collectible sport cards that Defendant failed to transfer to Plaintiff v7 (ECF No. 1,). 28

1} 2. Plaintiff has satisfied the procedural requirements for default judgment pursuant to Fed. R. Ci

(b). The Clerk of Court properly entered a default against Defendant pursuant to Fed. □ 3 Civ. P. 55(a) because Defendant has failed to appear after having been properly served. (EC 4 Nos. 6, 8.) Plaintiff has also satisfied the factors for obtaining default judgment articulated 1 5 Eitel vy. McCool,

(9th Cir. 1986). 6 || 3. As to damages, Plaintiff seeks compensatory damages in the amount of $690,000.00, whic 7 represents the total monetary and other property Plaintiff transferred to Defendant. (ECF No. 8 at 5, 7.) The Court finds Plaintiff has demonstrated entitlement to compensatory damages in th 9 amount of $690,000, the imposition of a constructive trust in the amount of $690,000.00, as we 10 as attorneys’ fees and costs in bringing this action. 11 4. The Court does not find that Plaintiff has demonstrated entitlement to punitive damages. 12 IT IS THEREFORE ORDERED, that Plaintiff Michael Nidiffer is granted Judgment again: 13 || Defendant Robert Rodriguez as follows: FIRST CAUSE OF ACTION - MISREPRESENTATION/FRAUD: 15 $690,000 (Six Hundred Ninety Thousand Dollars) in general and compensatory damages again: 16 |} Defendant Robert Rodriguez and in favor of Plaintiff Michael Nidiffer, concurrent to all other cause 17 || of action against Robert Rodriguez. 18 | SECOND CAUSE OF ACTION - BREACH OF CONTRACT: 19 $690,000 (Six Hundred Ninety Thousand Dollars) in general and compensatory damages again: 20 || Defendant Robert Rodriguez and in favor of Plaintiff Michael Nidiffer, concurrent to all other cause 21 || of action against Robert Rodriguez. 22 || THIRD CAUSE OF ACTION - BREACH OF IMPLIED COVENANT OF GOOD FAITH AN! FAIR DEALING: 8 $690,000 (Six Hundred Ninety Thousand Dollars) in general and compensatory damages again: Defendant Robert Rodriguez and in favor of Plaintiff Michael Nidiffer, concurrent to all other cause of action against Robert Rodriguez.

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1 || FOURTH CAUSE OF ACTION - UNJUST ENRICHMENT: $690,000 (Six Hundred Ninety Thousand Dollars) in general and compensatory damages agains 3 || Defendant Robert Rodriguez and in favor of Plaintiff Michael Nidiffer, concurrent to all other cause 4|| of action against Robert Rodriguez. 5 || FIFTH CAUSE OF ACTION - CONVERSION: 6 $690,000 (Six Hundred Ninety Thousand Dollars) in general and compensatory damages agains 7 || Defendant Robert Rodriguez and in favor of Plaintiff Michael Nidiffer, concurrent to all other cause 8 || of action against Robert Rodriguez. 9 || SIXTH CAUSE OF ACTION - CONSTRUCTIVE TRUST: 10 $690,000 (Six Hundred Ninety Thousand Dollars) as a constructive trust for the benefit ¢ 11 Plaintiff Michael Nidiffer and against Defendant Robert Rodriguez. 12 IT IS ORDERED, ADJUDGED AND DECREED, that as stated herein, Judgment is entere 13 || in favor of the Plaintiff Michael Nidiffer and against the Defendant Robert Rodriguez in the amount c 14 || $690,000. 15 IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that as stated herein, the Cou: 16 || hereby imposes a constructive trust for the benefit of Plaintiff Michael Nidiffer and against Defendat 17 | Robert Rodriguez, in the amount of $690,000. The Court therefore imposes an equitable lien in fave 18 || of Plaintiff Michael Nidiffer on all property in the possession of Robert Rodriguez for the amount « 19 || $690,000. 20 IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Plaintiff Michael Nidiffe 21 || is entitled to post-judgment interest on the amount of the Judgment awarded herein to be calculated ; 22 || the statutory rate commencing on the date that this Judgment is executed by the Court. 23 24 25 26 /// 28

1 IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Plaintiff Michael Nidiff 2 || is entitled to an award of attorney’s fees and costs. Plaintiff shall submit an Affidavit of Fees and Cos 3 || incurred in bringing this action no later than November 10, 2025, and the Court will enter a separat 4 || Judgment for attorney’s fees and costs incurred. 5 IT IS SO ORDERED. 6 Dated this Sth day of November, 2025.

MTRANDA M. DU 8 UNITED STATES DISTRICT JUDGE

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