Amerifactors Financial Group LLC v. Windstream Supply LLC

Filing 114

ORDER granting 108 Motion to Alter or Amend. Judgment, 104 , vacated. Motion for fees, 105 , denied without prejudice. Notice of potential summary judgment on the remaining issues given. Windstream may file a brief, and anything it wants to bring to the Court's attention, by 8 January 2015. Windstream must send a copy of this Order to Hal-Tec. Windstream must also provide proof of service by 19 December 2014. Signed by Judge D. P. Marshall Jr. on 12/10/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
AMERIFACTORS FINANCIAL GROUP, LLC

PLAINTIFF

No. 4:12-cv-202-DPM

v.

WINDSTREAM SUPPLY, LLC

DEFENDANT/
THIRD-PARTY PLAINTIFF

v.
HAL-TEC CONSTRUCTION, INC.

THIRD-PARTY DEFENDANT

ORDER
1. Amerifactors is right: the Court overlooked Amerifactors' s last fallback argument that Windstream owed it $63,480.39 in any event. NQ 79 at 1,
14-15. Amerfactors's Rule 59(e) motion to alter or amend the judgment is

granted. Correcting this kind of mistake by the court is precisely Rule 59(e)' s
office. Innovative Home Health Care, Inc. v. P. T.-0. T. Associates of the Black Hills,
141F.3d1284, 1286 (8th Cir. 1998). The Judgment is vacated. And that part
of the Court's Order, Ng 103at11, granting Windstream judgment across-theboard is vacated too.
2. The Court gives notice that it is considering entering summary
judgment for Amerifactors for $63,480.39 and a correlative summary

judgment for Windstream against Hal-Tee. FED. R. CIV. P. 56(£). The material
facts on the unpaid invoices appear undisputed. Hal-Tee has defaulted on
Windstream' s indemnity claim. Windstream may file a brief, and anything
it wants to bring to the Court's attention, by 8 January 2015. There's no need
to refile any evidentiary material already on the docket; simply cite to it. Prior
briefing should be referenced too, rather than redone. Amerifactors may
respond within fourteen calendar days after Windstream' s filing.

And

Windstream may reply within seven calendar days after Amerifactors
responds.
3. In the circumstances, Windstream' s motion for attorney's fees is
denied without prejudice as premature.
4. Windstream must send (by some form of mail or commercial delivery
requiring a signed receipt) a copy of this Order to Hal-Tee. Windstream must
also provide proof of service by 19 December 2014.

***
Motion to alter or amend, Ng 108, granted. Judgment, Ng 104, vacated.
Motion for fees, Ng 105, denied without prejudice.
summary judgment on the remaining issues given.

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Notice of potential

So Ordered.
(/

D.P. Marshall Jr.
United States District Judge

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