Amerifactors Financial Group LLC v. Windstream Supply LLC
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
AMERIFACTORS FINANCIAL GROUP, LLC
WINDSTREAM SUPPLY, LLC
HAL-TEC CONSTRUCTION, INC.
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.
Windstream may reply within seven calendar days after Amerifactors
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.
Notice of potential
D.P. Marshall Jr.
United States District Judge
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