DWBI Investments LLC v. Dennis et al

Filing 91

ORDER: DWBI's status report 83 is appreciated; declining to enter judgment against the Gary firm, or address priority, at this point. DWBI, though, may pursue discovery as planned about who got what. Signed by Judge D. P. Marshall Jr. on 6/5/2024. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
DWBI INVESTMENTS, LLC

v.

PLAINTIFF/
COUNTERDEFENDANT

No. 4:23-cv-1192-DPM

SUTTER & GILLHAM, P.L.L.C.

v.
DAVID DENNIS; DENNIS FOOD
GROUP, LLC; LEPHIEW GIN
COMPANY, INC.; TYSON FOODS,
INC.; LEPHIEW DENNINGTON;
TYSON SALES AND DISTRIBUTION,
INC.; TYSON FRESH MEATS, INC.;
BENJAMIN MCCORKLE; BEACON
LEGAL GROUP, PLLC; TIMOTHY
DUDLEY; RICKEY HICKS; and GARY,
WILLIAMS, PARENTI, WATSON,
GARY & GILLESPIE, P.L.L.C.

DEFENDANT/
COUNTERCLAIMANT/
CROSS-CLAIMANT

DEFENDANTS/
CROSS-DEFENDANTS

ORDER
DWBI’s status report, Doc. 83, appreciated. DWBI is essentially
asking for a default judgment against the Gary firm. But the Gary firm
is similarly situated to the other defendants in this case and granting
DWBI’s requested relief creates the possibility of inconsistent

judgments. Angelo Iafrate Construction, Inc. v. Postashnick Construction,
Inc., 370 F.3d 715, 722 (8th Cir. 2004). The Court declines to enter
judgment against the Gary firm, or address priority, at this point.
DWBI, though, may pursue discovery as planned about who got what.
The other issues will abide further development of the case.
So Ordered.
________________________
D.P. Marshall Jr.
United States District Judge
5 June 2024

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