XTO Energy Inc v. Pratt

Filing 39

ORDER granting 32 Motion for Summary Judgment. Judgment will be joint and several against defts for $35,298.92. Signed by Judge D. P. Marshall Jr. on 11/3/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

XTO ENERGY, INC.

v.

PLAINTIFF

No.4:10-cv-173-DPM

CHARLES PRATT and
TOMMY N. PRATT

DEFENDANTS

ORDER
After two extensions, Tommy Pratt has failed to respond to XTO's
motion for summary judgment. The material facts are undisputed: Charles
gave Tommy (his brother) $40,000.00 of the duplicative mineral lease
payment; the lowest amount in Tommy's bank account from inception to
service of process in this case was $35,298.92; and after service, Tommy was
on notice of the duplicative nature of the payment. For the reasons given in
the Court's earlier order, Document No. 30, Tommy has been unjustly enriched
too. XTO is entitled, at the minimum, to judgment against him for $35,298.92.
XTO has waived its right to recover the difference between that amount and
the $40,000.00 Tommy got-perhaps because it would rather not fuss about
notice, or be troubled about collecting against something other than Tommy's

liquid assets; and XTO already has Charles on the hook for the entire
$80,000.00.
Motion, Document No. 32, granted. Judgment will be joint and several
against Charles and Tommy for $35,298.92.
So Ordered.

D.P. Marshall Jr.

United States District Judge

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