The Sportsman's Guide Inc v. Havana National Bank The et al
| The Sportsman's Guide Inc |
| Havana National Bank The, Schmeilski Outdoors Inc, All About Game Inc and Advanced Game Technology Global, Inc. |
| 1:2009cv01152 |
| April 30, 2009 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Mason |
| Byron G. Cudmore |
| Joe Billy McDade |
| None |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| None |
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Filing
48
ORDER Entered by Judge Joe Billy McDade on 7/24/12. Havana's Motion for Summary Judgment 38 is DENIED, and Schmeilski's Motion for Summary Judgment 39 isGRANTED. Schmeilski is AWARDED the remainder of the Disputed Fund deposited with th e Court by Plaintiff, which is $159,673.46. The Clerk is DIRECTED to enter judgment to this effect. Schmeilski SHALL file a notice with the Court within 14 days of the date of this Order indicating the address to whichthe funds should be directed.(SW, ilcd)
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Filing
28
ORDER Entered by Judge Joe Billy McDade on 6/30/2010. For the foregoing reasons, the Plaintiff's Motion to Award and Distribute Attorney's Fees and Costs 24 is GRANTED IN PART AND DENIED IN PART. Plaintiff is awarded a total of $13,4 10.54, which represents $13,026.50 in attorney's fees, and $384.04 in costs. This award is to be distributed to Plaintiff from the $173,084 fund previously deposited by Plaintiff with the Clerk of the Court. IT IS SO ORDERED.(cc:finance)(RP, ilcd)
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Filing
23
ORDER: 1. The Second Motion for Order to Deposit Disputed Funds and for otherDeclaratory Relief by Sportsmans (Doc. 20) is GRANTED.2. Sportsmans SHALL deposit $173,084 with the Clerk of the Court inaccordance with Federal Rule of Civil Procedure 67.93. Schmeilskis Motion to Adopt and Join Plaintiffs Second Motion for Order toDeposit Disputed Funds and for other Declaratory Relief (Doc. 21) is GRANTED.4. Defendants, Havana National Bank, Schmeilski Outdoors, Inc., All AboutGame, Inc., and Ad vanced Game Technology Global, Inc., are hereby RESTRAINEDAND ENJOINED from pursing any other action against Plaintiff, The SportsmansGuide, Inc., for recovery of the products in question, the disputed funds, or theproceeds from the sale of those pro ducts. The products in question are productslabeled with the prefixes AGT or DOA, which were ordered by Sportsmans fromSchmeilski in February 2009, manufactured by Zhejiang Zhongyu Leisure Products,and delivered to Sportsmans in March 2009. The dispu ted funds, which total$173,084, constitute the purchase price of these products.5. Upon its deposit of $173,084 with the Clerk of the Court, Sportsmans shallbe DISCHARGED from any and all liability to Defendants arising out of or relatingto the AGT or DOA products or the disputed funds.6. Upon its deposit of $173,084 with the Clerk of the Court, Sportsmans shallbe DISMISSED WITH PREJUDICE from this action, provided that Sportsmansmay seek a distribution of attorneys fees and costs to maintain this action from thefunds so deposited.7. Any motion by Sportsmans for attorneys fees or costs in this action SHALLbe submitted within 28 days of the date or by misc ddl of 1/4/10 of this Opinion & Order.Entered this 7th day of December, 2009. Entered by Judge Joe Billy McDade on 12/7/9. (cc:finance/Conventional Attys: Neibarger & Kovac w/CMECF NOTICE)(HK, ilcd)
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