Xpedx v. Jonesboro Paper & Chemical LLC et al

Filing 34

ORDER granting 19 Plaintiff's Motion for Summary Judgment, and directing the Clerk to redesignate 33 Motion to Withdraw, as a notice. Signed by Judge D. P. Marshall Jr. on 08/02/2012. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION XPEDX, a division of International Paper Company dfb/a Saalfeld Redistribution Company v. PLAINTIFF No. 4:11-cv-763-DPM PAUL WALLIS, individually DEFENDANT ORDER Paul Wallis has notified the Court that he has no objection to the Plaintiff's motion for summary judgment.* Document No. 33. The material facts are therefore undisputed. Local Rule 56.1(c). As personal guarantor, ~allis is liable for the valid $168,298.49 debt owed to Xpedx; and Xpedx is entitled to judgment as a matter of law. ARK. CODE ANN.§ 16-45-104; FED. R. CIV. P. 56(a). Xpedx is entitled to recover prejudgment interest because "the amount of damages is definitely ascertainable by mathematical computation[.]" Ozarks Unlimited Resources Coop., Inc. v. Daniels, 333 Ark. 214,224,969 S.W.2d *Because Wallis never responded or objected to the motion for summary judgment, his motion to withdraw the objection is a misnomer. TJ:le Clerk is directed to redesignate the filing, Document No. 33, as a notice rather than a motion. 169, 174 (1998). The Court encourages the parties to confer and see if they can agree on the prejudgment interest rate, a per diem amount, and the start date. SeeHOWARDW. BRILL,ARKANSASLAWOFDAMAGES§ 10:4 (Sthed. 2004); ARK. CONST. amend. 89, § 3. If Xpedx intends to move for costs or attorney's fees, the Court hopes the parties can also agree on the amount. The parties should file a joint paper on these issues, or Xpedx should file a motion on them, by 24 August 2012. The Court will not enter judgment until the remaining issues are resolved. Motion for summary judgment, Document No. 19, granted. So Ordered. D.P. Marshall Jr. United States District Judge -2-

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