First National Bank of Izard County v. B & H Resources, LLC et al

Filing 94

ORDER granting 82 Celtic's motion for partial summary judgment in personam against Evergreen; awarding Celtic Bank judgment against Evergreen Processing, LLC in the amount of $4,563,590.72 as of 4/27/2016 plus interest at 6% annum un til paid in full; and judgment in the amount of $115,213.90 as of 4/27/2016 plus interest at 18% per annum until paid in full. The Court maintains jurisdiction over the parties to settle claims related to the real estate and frac sand. Signed by Magistrate Judge Beth Deere on 1/19/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
FIRST NATIONAL BANK
OF IZARD COUNTY
V.

PLAINTIFF

CASE NO. 1:15-CV-5-BD

EVERGREEN PROCESSING LLC, f/k/a
B & H RESOURCES, LLC, et al.

DEFENDANTS

ORDER
Celtic Bank (“Celtic”) has filed a motion for partial summary judgment against
Defendant Evergreen Processing, LLC. (Docket entry #82) The motion was properly
supported with affidavits (#82 at 9-20) establishing a prima facie case of entitlement to an
in personam partial summary judgment against Defendant Evergreen Processing, LLC
(“Evergreen”), based on two promissory notes Haynesville Shale Rentals, LLC
(“Haynesville”) entered into with Celtic.
Celtic and Haynesville entered into the first note, “the Count I Note,” on or around
May 7, 2010. (#39-1) The note is secured by a mortgage and assignment of rents
Defendant Evergreen gave to Celtic on real property located in Izard County, Arkansas.
(#39-2, #39-3) Evergreen executed a substituted mortgage and assignment of rents at
Celtic’s request on or around September 11, 2012. (#39-7, #39-8) The Count I Note is
also secured by a commercial guaranty from Evergreen. (#39-10)
Celtic and Haynesville entered into the second note, “the Count II Note,” on or
around July 23, 2013. (#39-15) The Note is secured by a commercial guaranty from
Evergreen. (#39-19)

Defendant Helen Bartmess has responded to Celtic’s motion for partial summary
judgment. (#85) Ms. Bartmess objects to Celtic’s request that the Court declare that
Celtic has a priority lien on the real property and that the land be sold subject to the lien.
Celtic has replied to the response (#89) and clarified that its motion seeks only partial
summary judgment in personam against Evergreen, and it requests that the Court retain
jurisdiction over the parties to settle claims involving the real estate and the frac sand.
Celtic’s motion for partial summary judgment in personam against Evergreen is
GRANTED. Celtic Bank is awarded judgment against Evergreen Processing, LLC in the
amount of $4,563,590.72 as of April 27, 2016 plus interest at 6% per annum until paid in
full; and judgment in the amount of $115,213.90 as of April 27, 2016 plus interest at 18%
per annum until paid in full. The Court maintains jurisdiction over the parties to settle
claims related to the real estate and frac sand.
IT IS SO ORDERED, this 19th day of January, 2017.
___________________________________
UNITED STATES MAGISTRATE JUDGE