Ridout v. KEP Morrisville Realty, LLC

Ridout v. KEP Morrisville Realty, LLC

Plaintiff:	Clarence B Ridout
Defendant:	KEP Morrisville Realty, LLC
Case Number:	5:2008cv00453
Filed:	September 10, 2008
Court:	US District Court for the Eastern District of North Carolina
Office:	Contract: Other Office
County:	WAKE
Presiding Judge:	James C. Fox
Nature of Suit:	Both
Cause of Action:	Diversity
Jury Demanded By:	28:1332 Diversity-Other Contract

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Date Filed	Document Text
February 15, 2011	Filing 25 JUDGMENT: IT IS ORDERED AND ADJUDGED that pursuant to the courts order entered on November 19, 2010, Plaintiff Ridouts Motion for Summary Judgment is ALLOWED. Defendant KEP Morrisville Realty LLC is obligated to pay Plaintiff Clarence B. Ridout the ad valorem taxes less an annual amount of $927.00 for the years 2006, 2007, 2008. For years 2009 and 2010, Plaintiff Clarence B. Ridout shall provide the court with confirmation of its continued ownership of the New Ridout Property and that it h as not leased this parcel to tenants which would relieve Defendant KEP of its obligation to pay ad valorem for these specified years. Plaintiff Clarence B. Ridout have and recover of Defendant KEP pre-judgment and post-judgment interest, attorneys� 39; fees, and costs. IT IS FURTHER ORDERED, Plaintiff Ridout's proposed calculation is ALLOWED IN PART AND DENIED IN PART. It is hereby ORDERED, ADJUDGED, AND DECREED that: For the years 2006, 2007 and 2008, to cover the ad valorem taxes owed pu rsuant to the Contract, Defendant KEP is to remit to Plaintiff Ridout $37,075.19. For the years 2009 and 2010, to cover the ad valorem taxes owed pursuant to the Contract, Defendant KEP is to remit to Plaintiff Ridout $24,669.12. Defendant KEP is to remit pre-judgment and post-judgment interest bearing from the date of each breach of the Contract. Plaintiff Ridout's request for attorneys' fees and costs are DENIED. Signed by Dennis P. Iavarone, Clerk of Court by Susan Edwards, Deputy on 2/15/2011. Copies served. (Edwards, S.)
November 19, 2010	Filing 20 ORDER granting 13 Motion for Summary Judgment. For years 2009 and 2010, Plaintiff Clarence B. Ridout shall provide the court with confirmation of its continued ownership of the New Ridout Property and that it has not leased this parcel to tenants which would relieve Defendant KEP of its obligation to pay ad valorem for these specified years. Plaintiff Clarence B. Ridout have and recover of Defendant KEP pre-judgment and post-judgment interest, attorneys' fees, and costs. Plaintiff Claren ce B. Ridout shall submit their proposed calculation on these items to the court no later than December 18, 2010. Defendant KEP may file objections to the proposed calculations no later than January 18,2011. Plaintiff Ridout may file a reply not later than January 31, 2011. Signed by Senior Judge James C. Fox on 11/18/2010. (See order for particulars.) Copies served. (Edwards, S.)

Date Filed

Document Text

February 15, 2011

Filing 25 JUDGMENT: IT IS ORDERED AND ADJUDGED that pursuant to the courts order entered on November 19, 2010, Plaintiff Ridouts Motion for Summary Judgment is ALLOWED. Defendant KEP Morrisville Realty LLC is obligated to pay Plaintiff Clarence B. Ridout the ad valorem taxes less an annual amount of $927.00 for the years 2006, 2007, 2008. For years 2009 and 2010, Plaintiff Clarence B. Ridout shall provide the court with confirmation of its continued ownership of the New Ridout Property and that it h as not leased this parcel to tenants which would relieve Defendant KEP of its obligation to pay ad valorem for these specified years. Plaintiff Clarence B. Ridout have and recover of Defendant KEP pre-judgment and post-judgment interest, attorneys� 39; fees, and costs. IT IS FURTHER ORDERED, Plaintiff Ridout's proposed calculation is ALLOWED IN PART AND DENIED IN PART. It is hereby ORDERED, ADJUDGED, AND DECREED that: For the years 2006, 2007 and 2008, to cover the ad valorem taxes owed pu rsuant to the Contract, Defendant KEP is to remit to Plaintiff Ridout $37,075.19. For the years 2009 and 2010, to cover the ad valorem taxes owed pursuant to the Contract, Defendant KEP is to remit to Plaintiff Ridout $24,669.12. Defendant KEP is to remit pre-judgment and post-judgment interest bearing from the date of each breach of the Contract. Plaintiff Ridout's request for attorneys' fees and costs are DENIED. Signed by Dennis P. Iavarone, Clerk of Court by Susan Edwards, Deputy on 2/15/2011. Copies served. (Edwards, S.)

November 19, 2010

Filing 20 ORDER granting 13 Motion for Summary Judgment. For years 2009 and 2010, Plaintiff Clarence B. Ridout shall provide the court with confirmation of its continued ownership of the New Ridout Property and that it has not leased this parcel to tenants which would relieve Defendant KEP of its obligation to pay ad valorem for these specified years. Plaintiff Clarence B. Ridout have and recover of Defendant KEP pre-judgment and post-judgment interest, attorneys' fees, and costs. Plaintiff Claren ce B. Ridout shall submit their proposed calculation on these items to the court no later than December 18, 2010. Defendant KEP may file objections to the proposed calculations no later than January 18,2011. Plaintiff Ridout may file a reply not later than January 31, 2011. Signed by Senior Judge James C. Fox on 11/18/2010. (See order for particulars.) Copies served. (Edwards, S.)

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Defendant: KEP Morrisville Realty, LLC
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Plaintiff: Clarence B Ridout
Represented By:	William W. Webb, Sr.
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