Natures Way Marine, LLC v. EverClear of Ohio, Ltd. et al

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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
NATURES WAY MARINE, LLC,

)
)
Plaintiff,
)
)
vs.
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EVERCLEAR OF OHIO, LTD., and
)
NIRK MAGNATE HOLDING CORP., )
)
Defendants.
)

CIVIL ACTION NO. 12-0316-CG-M

FINAL JUDGMENT
In accordance with the verdict of the jury entered on November 24, 2014
(Doc. 207), and the Court’s Order entered on April 17, 2015 (Doc. 225), it is
ORDERED, ADJUDGED and DECREED, that JUDGMENT is hereby entered
in favor of Plaintiff, Natures Way Marine, LLC, and against Defendants, Everclear
of Ohio, Ltd and Nirk Magnate Holding Corp. Damages are hereby awarded to
Natures Way Marine, LLC for breach of contract in the amount of $205,512.00, and
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% pursuant to 28
U.S.C. § 1961.
It is further ORDERED, ADJUDGED and DECREED, that JUDGMENT
is entered in favor of Counter-Defendant, Natures Way Marine, LLC, and against
Counter-claimants, Everclear of Ohio, Ltd and Nirk Magnate Holding Corp.
Accordingly, the counterclaims filed by Everclear of Ohio, Ltd (Doc. 68), and the

counterclaims filed by Nirk Magnate Holding Corp (Doc. 67) are hereby
DISMISSED with prejudice.
Costs are to be taxed against the Defendants/Counter-claimants.
DONE and ORDERED this 20th day of April, 2015.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE