Amerifactors Financial Group LLC v. Windstream Supply LLC

Filing 126

ORDER: For the reasons stated on the record at the 5 May 2015 hearing, as supplemented, the Court makes the following rulings on the pending issues. Amerifactors is entitled to summary judgment on its breach-of-contract claim in the amount of $6 1,182.89. Amerifactors is entitled to pre-judgment interest at 6% since 31 July 2009. ARK. CODE ANN.§ 4-57-lOl(d). Amerifactors must file an interest calculation, including a per diem, by 12 May 2015. Amerifactors is not entitled to recov er any attorney's fees from Windstream. Windstream's motion for a default judgment against Hal-Tec, 119 , is granted as modified. Hal-Tec's default admits the pleaded facts. Windstream is entitled to judgment against Hal-Tec in the am ount of Amerifactor's full recovery. The Court rejects Windstream's argument that Hal-Tec's default in this case is chargeable to Amerifactors, or somehow entitled Windstream to judgment against Amerifactors, which would result in a do gfall with no recovery for anyone. Windstream must file a short brief by 12 May 2015 explaining specifically why the contract entitled Windstream to attorney's fees from Hal-Tec, or why they should be awarded under ARK. CODE ANN.§ 16-22-308, in the circumstances presented. Signed by Judge D. P. Marshall Jr. on 5/7/2015. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION AMERIFACTORS FINANCIAL GROUP, LLC v. PLAINTIFF No. 4:12-cv-202-DPM DEFENDANT/ THIRD PARTY PLAINTIFF WINDSTREAM SUPPLY, LLC v. HAL-TEC CONSTRUCTION, INC. THIRD PARTY DEFENDANT ORDER For the reasons stated on the record at the 5 May 2015 hearing, as supplemented, the Court makes the following rulings on the pending issues. 1. Amerifactors is entitled to summary judgment on its breach-ofcontract claim in the amount of $61,182.89. No genuine issue of material fact exists in the record compiled before the Court vacated it's earlier Judgment, NQ 114. Daenen' s new affidavit simply comes too late and doesn't square with his earlier deposition testimony and the other undisputed facts of record. Amerifactors is entitled to pre-judgment interest at 6% since 31 July 2009. ARK. CODE ANN.§ 4-57-lOl(d). Amerifactors must file an interest calculation, including a per diem, by 12 May 2015. Amerifactors is not entitled to recover any attorney's fees from Windstream. 2. Windstream'smotionforadefaultjudgmentagainstHal-Tec,Ng 119, is granted as modified. Hal-Tee's default admits the pleaded facts. Those facts establish Windstream' s right to recover against Hal-Tee on the contract. Windstream is therefore entitled to judgment against Hal-Tee in the amount of Ameridactors' s full recovery. The Court rejects Windstream' s argument that Hal-Tee's default in this case is chargeable to Amerifactors, or somehow entitles Windstream to judgment against Amerifactors, which would result in a dogfall with no recovery for anyone. Windstream must file a short brief by 12 May 2015 explaining specifically why the contract entitles Windstream to attorney's fees from Hal-Tee, or why they should be awarded under ARK. CODE ANN.§ 16-22-308, in the circumstances presented. So Ordered. -2-

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