Amerifactors Financial Group LLC v. Windstream Supply LLC
| Amerifactors Financial Group LLC |
| Windstream Supply LLC |
| 4:2012cv00202 |
| April 3, 2012 |
| US District Court for the Eastern District of Arkansas |
| Little Rock Office |
| Out of State |
| D. P. Marshall |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
132
JUDGMENT: Amerifactors Financial Group, LLC, shall have judgment against Windstream Supply, LLC for 83,107.59. Post-Judgment interest will accrue at 0.26% per annum from today until this Judgment is paid in full. Windstream Supply, LLC, shall ha ve judgment against Hal-Tec Construction, Inc. for $179,400.00. Post-Judgment interest for Windstream against Hal-Tec will accrue at 0.26% per annum from today until this Judgment is paid in full. Signed by Judge D. P. Marshall Jr. on 7/20/2015. (ljb)
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Filing
128
ORDER: The Court has concluded that Windstream is entitled to some attorney's fees and costs. The $2,612.41 in costs requested are fine, even though they cover more than Rule of Civil Procedure 54(d) costs. They're reasonable, and the contract's loss category is expansive. The full $93,680.00 in fees requested may or may not be recoverable. A supplement is needed and Windstream may file it under seal to protect the privilege and work product. Supplement due by 17 June 2015. Signed by Judge D. P. Marshall Jr. on 6/10/2015. (jak)
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Filing
126
ORDER: For the reasons stated on the record at the 5 May 2015 hearing, as supplemented, the Court makes the following rulings on the pending issues. Amerifactors is entitled to summary judgment on its breach-of-contract claim in the amount of $6 1,182.89. Amerifactors is entitled to pre-judgment interest at 6% since 31 July 2009. ARK. CODE ANN.§ 4-57-lOl(d). Amerifactors must file an interest calculation, including a per diem, by 12 May 2015. Amerifactors is not entitled to recov er any attorney's fees from Windstream. Windstream's motion for a default judgment against Hal-Tec, 119 , is granted as modified. Hal-Tec's default admits the pleaded facts. Windstream is entitled to judgment against Hal-Tec in the am ount of Amerifactor's full recovery. The Court rejects Windstream's argument that Hal-Tec's default in this case is chargeable to Amerifactors, or somehow entitled Windstream to judgment against Amerifactors, which would result in a do gfall with no recovery for anyone. Windstream must file a short brief by 12 May 2015 explaining specifically why the contract entitled Windstream to attorney's fees from Hal-Tec, or why they should be awarded under ARK. CODE ANN.§ 16-22-308, in the circumstances presented. Signed by Judge D. P. Marshall Jr. on 5/7/2015. (jak)
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Filing
114
ORDER granting 108 Motion to Alter or Amend. Judgment, 104 , vacated. Motion for fees, 105 , denied without prejudice. Notice of potential summary judgment on the remaining issues given. Windstream may file a brief, and anything it wants to bring to the Court's attention, by 8 January 2015. Windstream must send a copy of this Order to Hal-Tec. Windstream must also provide proof of service by 19 December 2014. Signed by Judge D. P. Marshall Jr. on 12/10/2014. (jak)
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Filing
104
JUDGMENT: Amerifactor's complaint is dismissed with prejudice. Windstream's third-party complaint against Hal-Tec is dismissed without prejudice as moot. Signed by Judge D. P. Marshall Jr. on 8/20/2014. (jak)
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Filing
59
ORDER granting in part and denying in part 41 Motion for Summary Judgment and granting in part and denying in part 46 Motion for Summary Judgment. Signed by Judge D. P. Marshall Jr. on 8/29/13. (kpr)
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Filing
34
ORDER denying 19 Motion to Dismiss. Signed by Judge D. P. Marshall Jr. on 7/6/12. (kpr)
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Filing
13
ORDER: Plaintiff's Stipulation to Entry of Order Transferring Venue 12 is GRANTED. The Clerk is directed to transfer this case to the United States District Court for the Eastern District of Arkansas (Western Division). The Defendant's Motion to Dismiss or, in the Alternative, for Transfer of Venue, and Motion for Extension of Time to Respond to Complaint 9 is terminated as MOOT. Signed by Judge James S. Moody, Jr on 4/2/2012. (LN) [Transferred from flmd on 4/3/2012.]
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