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)

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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 1 -2­ Mv. ;'0//

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