Xpedx v. Jonesboro Paper & Chemical LLC et al

Filing 39

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)

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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 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 progress. 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. So Ordered. D.P. Marshall Jr. United States District Judge

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