Arkansas Pulpwood Company, Inc. v. Chek Investments, LLC et al

Filing 34

ORDER denying as moot 31 Motion for Partial Summary Judgment. Signed by Honorable Robert T. Dawson on February 9, 2012. (sh)

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UNITED STATES DI$TRICT COURT WESTERN DISTRICT ARKANSAS OF EL DORADO DIVISION ARKANSASPULPWOOD COMPANY, INC., S PLAINTIFF VS. CHEKINVESTMENTS, and LLC REDHOTPLANTATION, LLC, DEFENDANTS $ $ s $ s s crvtLAcTtoNNo. 1{-1020 JUDGEROBERT DAW$ON T. $ $ AGREED ORDER ARBITRATION OF FORARKANSAS PULPWOOD COMPANY, AND REDHOTPLANTATION, INC. LLC COMESNOW the Plaintiff and Counter-Defendant, Arkansas Pulpwood Company, lnc. ("Arkansas Pulpwood"), the Defendant Counter-Plaintiff, Hot Plantation, and and Red LLC ("RedHot"),and the Counter-Plaintiff CHEKInvestments, ("CHEK), LLC who jointly consent to and move for an order compellingarbitrationbetween the parties. CONSIDERING FOREGOING, further THE and finding there nojustreason delay: that is for lT lS HEREBY ORDERED, ADJUDGED AND DECREED Arkansas that Pulpwood andRedHotareordered promptly proceed arbitration to all issues to with as andgrievances between said parties(inclusive allocation costs of this proceeding of of and arbitration), including not limited the issues (i) whether but to of Red Hot is a partyto and boundby the TMC and (ii) whetherRed Hot is obligated, contractually otherwise, pay Arkansas or to Pulpwood manegement finder's termination etc.,and as regards claims any fee, fee, fee, all and causes actionasserted RedHot in its counterclaim herein of by filed against Arkansas Pulpwood. This arbitration between Arkansas Pulpwood and Red Hot shallbe joinedand arbitrated the previously with agreedand ordered arbitration between Arkansas Pulpwood and CHEKInvestments, as to all asserted LLC claims and causes actionbetween of them. Thisorderis madefinaland executory all purposes.Red Hot'sconsent thisAgreed for to ,1- of shall Order Arbitration not be deemed acknowledgement an or admission RedHotis a that party or bound theTMC. to by lT lS FURTHER ORDERED. ADJUDGED HEREBY AND DECREED thisCourt that jurisdiction enforce retains expressly to any District CourtJudge United States APPROVED: ox", J. -7 =3,0/ ?. PULPWOOD ARKANSA$ tNC., GOMPANY, PLAI FF,COUNTER-DEFENDANT NTI BY: /s/ PaulE. Lindsev ABN78095 PaulE. Lindsey, LINDSEY CARR, & P.A. HARRELL, P.O.BoxK AR Camden, 71711 (870)836-7725 Telephone: (870)836-4643 Facsimile: pel( Email: Carter. BarNo. 16.847 La. E. Keith (APLC) & ROGERS CARTER, 4415 Thornhill Floor, $uiteA Second Louisiana Shreveport, Telephone: 318/861-1 1 11 Facsimile:318/868-2323 Email ekcarter(droqerscarterlaw. : com LLC REDHOTFLANTATION, and GHEKINVESTMENTS, LLc DEFENDANT, and COUNTER-PLAINTIFFCOUNTER-PLAINTIFF L. Jr., Winford Dunn, Esquire NUTTER MORGAN, DUNN, & LLP Road 3601Richmond TX Texarkana, 75503-071 6 By:/E LpuE_M=Ehillns Esquire Louis Phillips, M. -2- GORDON, ARATA, McCOLLAM, DUPLANTIS EAGAN, & LLC OneAmerican Place 31 MainStreet, Suite1600 Baton Rouge, 70825 LA R. Matthew Emmons, Esquire ARATA, McCOLLAM, GORDON, DUPLANTIS EAGAN, LLC & Avenue, Floor 201St.Charles 40th NewOrleans, 70470-4000 LA Jd.L.chek.order-agreed-aribtrationZ-final 201

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