Xpedx v. Jonesboro Paper & Chemical LLC et al
ORDER. Based upon the parties' agreement, the prejudgment interest rate is 6% per annum; per diem of $27.67; start date of 8/25/10; costs of $476.02; attorney fees of $25,244.77, on the $168.298.49 debt, for which Jonesboro Paper is liable. Signed by Judge D. P. Marshall Jr. on 9/5/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
XPEDX, a division of International
Paper Company dfb/a Saalfeld
PAUL WALLIS, individually
A few weeks ago, the Court granted Xpedx' s uncontested motion for
summary judgment. Document No. 34. Wallis, as personal guarantor for
Jonesboro Paper, is liable for the $168,298.49 debt. The Court encouraged the
parties to confer and agree on the prejudgment interest rate, a per diem
amount, and the interest start date. The Court also requested the parties to
seek agreement on costs and attorney fees. The parties have made good
The agreed upon amounts are:
Prejudgment interest rate of 6% per annum.
Per diem of $27.67.
Start date of 25 August 2010.
Costs of $476.02.
Attorney fees of $25,244.77.
The Court accepts and endorses these amounts. The Court appreciates
Xpedx filing its legal bills under seal. Xpdex is entitled to the agreed 15%
attorney fee for having to pursue Wallis on the guaranty, though this exceeds
the fee incurred. Document No. 1, at 11; Ark. Code Ann. § 16-22-308. The
amount is reasonable in the circumstances. Chrisco v. Sun Industries, Inc., 304
Ark. 227 (Ark. 1990). The Court will enter judgment for Xpedx accordingly.
D.P. Marshall Jr.
United States District Judge
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