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)

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
[phone]
Telephone:
[phone]
Facsimile:
pel(Oharlind.com
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