Helena Chemical Company v. Taylor et al

Filing 15

DEFAULT JUDGMENT: plaintiff Helena Chemical Company should be, and hereby is, granted a default judgment against defendants Johnny W. Taylor and Johnny W. Taylor Farms, jointly and severally, in the total amount of $521,938.79; its costs in the amount of $400.00; reasonable attorneys' fees and expenses of $4,131.87; and post-judgment interest from the date of this judgment at the rate of 0.605 per annum on all such amounts until paid; and that all writs allowed by law for the collection of judgments shall issue hereon without further application to this Court. Signed by Judge Billy Roy Wilson on 09/30/2016. (rhm)

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

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HELENA CHEMICAL COMPANY
CASE NO. 2:16-CV-90-BRW

vs.

JOHNNYW. TAYLOR; and
JOHNNYW. TAYLOR FARMS

DEFENDANTS
DEFAULT JUDGMENT

Pending before the Court is the plaintiff's motion for default judgment against defendants
Johnny W. Taylor and Johnny W. Taylor Farms (collectively, the "Defendants"). This matter
came on for hearing before the Court on September 30, 2016.

Plaintiff, Helena Chemical

Company ("HCC") appeared by and through its counsel of record, Lax, Vaughan, Fortson,
Rowe & Threet, P.A. by Roger D. Rowe. The Defendants did not appear at the hearing. Based
on the arguments presented at the hearing; the complaint, entries of default, and the motion for
default judgment filed in this case; and the lack of response thereto by the Defendants, the Court
hereby finds and orders as follows:
1.

The Court issued a notice of the hearing on HCC's motion for default judgment

on August 15, 2016. (Doc. No. 12.) As evidenced by the proofs of service filed with the Court
on September 7, 2016, the notice of hearing was duly served by personal service on the
Defendant Johnny W. Taylor by the Woodruff County Sheriff's Department on August 24, 2016.
(Doc. Nos. 13 & 14.)
2.

Defendants failed to answer or otherwise respond to the complaint. The Clerk

filed entries of defaults against the Defendants on August 5, 2016.

(Doc. Nos. 7 & 8).

Defendants failed to answer or otherwise respond to or HCC's motion for default judgment or to

appear at the hearing on the default judgment on September 30, 2016. HCC is entitled to the
entry of a default judgment against the Defendants.
3.

As evidenced by the affidavit and statement of account and the open items listing

that are attached to HCC's motion for default judgment, and the evidence presented by HCC at
the default judgment hearing, the Defendants are currently indebted to HCC in the total amount
of $521,938.79, through September 25, 2016.
4.

HCC is entitled to a default judgment against the Defendants in the total amount

of $521,938.79; its costs and reasonable attorneys' fees and expenses incurred in connection with
this action in the amount provided below, plus post-judgment interest from the date of this
judgment at the rate provided below on all such amounts until paid.
IT IS, THEREFORE, CONSIDERED, ORDERED AND ADJUDGED:
(a)

that plaintiff Helena Chemical Company should be, and hereby is, granted a

default judgment against defendants Johnny W. Taylor and Johnny W. Taylor Farms, jointly and
severally, in the total amount of $521,938.79; its costs in the amount of $400.00; reasonable
attorneys' fees and expenses of $4,131. f!>t
this judgment at the rate of0,. Lo05
(b)

; and post-judgment interest from the date of

per annum on all such amounts until paid; and

that all writs allowed by law for the collection of judgments shall issue hereon

without further application to this Court.
IT IS SO ORDERED.

HONO BLE
Y ROY WILSON
UNITED STATES DISTRICT JUDGE

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