Helena Chemical Company v. Loveless et al

Filing 64

ORDER finding as moot 53 Motion for Summary Judgment; granting 61 Motion for Leave of Court for voluntary non-suit, and directing plaintiff to file its motions for attorney's fees and costs within ten calendar days. Signed by Judge Brian S. Miller on 11/19/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION HELENA CHEMICAL COMPANY vs. ALLEN LOVELESS, ET AL. ORDE R Pending before the court is defendants' motion for leave of court to voluntarily dismiss their counterclaim. Plaintiff does not object but requests that the court enter final judgment in favor of plaintiff and against defendant in accordance with the court's order of August 29, 2008. In that order the court awarded plaintiff judgment in the amount of $295,108.78 through February 18, 2008, with additional pre-judgment interest at the rate of $47.81. . Accordingly, defendant's motion for leave of court for voluntary non-suit (Doc. No. 61) is NO. 2:07CV00043 BSM DEFENDANTS PLAINTIFF

granted. Plaintiff is directed to file its motion for attorney's fees and costs within ten calendar days. Upon determination of fees and costs to which plaintiff is entitled, a final judgment will be entered in favor of plaintiff and against defendants. Plaintiff's motion for summary judgment on defendants' counterclaim (Doc. No. 52) is denied as moot. IT IS SO ORDERED this 19th day of November, 2008.

________________________________ UNITED STATES DISTRICT JUDGE