Natures Way Marine, LLC v. EverClear of Ohio, Ltd. et al
Plaintiff: Natures Way Marine, LLC
Defendant: EverClear of Ohio, Ltd. and Nirk Magnate Holding Corp.
Case Number: 1:2012cv00316
Filed: May 15, 2012
Court: US District Court for the Southern District of Alabama
Office: Mobile Office
County: Mobile
Presiding Judge: Callie V. S. Granade
Presiding Judge: Bert W. Milling
Nature of Suit: Marine
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
April 22, 2015 Opinion or Order Filing 227 AMENDED JUDGMENT entered in favor of Plf, Natures Way Marine, LLC, & against Dfts, EverClear of Ohio, Ltd., Nirk Magnate Holding Corp., in the amount of $205,512.00 & attorneys' fees are awarded to Natures Way Marine, LLC in the amount of & #036;69,336.15. Prejudgment interest is awarded at an annual interest rate of 3.25%, & post judgment interest is awarded at the statutory rate of.22% as set out. Further, judgment is entered in favor of Counter-Dft, Natures Way Marine, LLC, & against Counter-Claimants, Everclear of Ohio, Ltd. & Nirk Magnate Holding Corp. Counterclaims filed by Everclear of Ohio, Ltd., & Nirk Magnate Holding Corp. are DISMISSED w/prejudice. No costs are to be taxed.Signed by Judge Callie V. S. Granade on 4/22/2015. (mab)
April 20, 2015 Opinion or Order Filing 226 JUDGMENT in favor of Plf, Natures Way Marine, LLC, & against Dfts, EverClear of Ohio, Ltd., Nirk Magnate Holding Corp., in the amount of $205,512.00 & attorneys' fees are awarded to Natures Way Marine, LLC in the amount of $69,336.15. Prejudgment interest is awarded at an annual interest rate of 3.25%, & post judgment interest is awarded at the statutory rate of.22% as set out. Further, judgment is entered in favor of Counter-Dft, Natures Way Marine, LLC, & against Cou nter-Claimants, Everclear of Ohio, Ltd. & Nirk Magnate Holding Corp. Counterclaims filed by Everclear of Ohio, Ltd., & Nirk Magnate Holding Corp. are DISMISSED w/prejudice. Costs are to be taxed against Dfts/Counter-Claimants. Signed by Judge Callie V. S. Granade on 4/20/2015. (tot)
April 17, 2015 Opinion or Order Filing 225 ORDER granting in part and denying in part 212 Motion for pre-judgment interest, attorneys' fees, and litigation expenses; and awarding Natures Way $69,336.15 in attorneys' fees, and prejudgment interest at an annual rate of 3.25%. Natures Way is not awarded expert witness fees or expenses. Signed by Judge Callie V. S. Granade on 4/17/2015. (mab)
January 6, 2015 Opinion or Order Filing 220 Order GRANTING 214 MOTION for Leave to File Reply in Support of Plaintiff's Motion for Pre-Judgment Interest, Attorneys Fees and Expenses filed by Natures Way Marine, LLC & DENYING 216 MOTION for Leave to File Reply in Support of Plaintif f's Motion for Pre-Judgment Interest, Attorneys Fees and Expenses filed by Natures Way Marine, LLC as set out. Dfts may file a response to the reply NLT 1/13/2015. Motion to be taken under submission on 1/14/2015. Signed by Judge Callie V. S. Granade on 1/6/2015. (tot)
December 2, 2014 Opinion or Order Filing 211 ORDER GRANTING Dfts' 208 Motion to Extend Time for Filing Motion to Alter or Amend the Judgment as set out. Parties must file their motion to alter or amend the judgment no later than 28 days after the judgment is entered as set forth in FRCP 59(e). Signed by Judge Callie V. S. Granade on 12/2/2014. (tot)
November 14, 2014 Opinion or Order Filing 189 Order re: Dfts' 158 Objections to Plaintiff's Amended List of Damages & Plf's 164 Response. Motion to exclude contained in Dfts' Objection to Amended List of Damages is DENIED as set out. The remaining objections to the amended list of damages are based on arguments that should be made to the jury at trial and are not legal questions for the Court. Signed by Judge Callie V. S. Granade on 11/14/2014. (tot)
November 10, 2014 Opinion or Order Filing 178 ORDER GRANTING Dfts' 135 Motion to Exclude the Expert Testimony of A. Clay Rankin, III, as set out, GRANTING Plf's 173 Motion to Exclude the Expert Testimony of William Moore as set out, & DENYING AS MOOT Dfts' 177 Motion to Strike Plaintiff's Motion to Exclude as set out. Signed by Judge Callie V. S. Granade on 11/10/2014. (tot)
October 28, 2014 Opinion or Order Filing 171 ORDER GRANTING Dfts' 161 Motion to Alter or Amend Judgment as set out. The judgment is amended to allow a jury to decide the issue of waiver to the extent that this Court's Order dated 8/12/14 found as a matter of fact or law that Dfts waived certain breaches of the Charter Agreement as set out. Dfts' motion for partial summary judgment remains denied as set out. Signed by Judge Callie V. S. Granade on 10/28/2014. (tot)
August 26, 2014 Opinion or Order Filing 157 Order CONTINUING trial of this action to the November 2014 trial term commencing w/jury selection on 11/4/2014. Trial will begin on 11/17/2014 at 09:00 AM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. The parties are directed to inform the court of the new date set for the mediation conference either by contacting chambers or the clerk. Signed by Judge Callie V. S. Granade on 8/26/2014. (tot)
August 12, 2014 Opinion or Order Filing 143 ORDER DENYING Dfts' 108 Motion for Partial Summary Judgment as set out. Signed by Judge Callie V. S. Granade on 8/12/2014. (tot)
January 18, 2013 Opinion or Order Filing 52 ORDER DENYING Dft Nirk Magnate Holding Corp.'s 47 Motion to Dismiss, 47 Motion to Quash Service as set out. Signed by Judge Callie V. S. Granade on 1/18/2013. (tot)
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Plaintiff: Natures Way Marine, LLC
Represented By: Frank J. Dantone
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Defendant: EverClear of Ohio, Ltd.
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Defendant: Nirk Magnate Holding Corp.
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