Fairless v. CJH, LLC et al

Filing 55

CONSENT JUDGMENT in favor of CJH, LLC against John Fairless, Jr in the amount of $125,000.00, as set forth. Further this Court will retain jurisdiction for the sole purpose of enforcing the Consent Order, all terms and conditions of which are adopted by the Court and hereby made the Order of this Court. Signed by Honorable Susan W. Wright on October 25, 2011. (lw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ) ) ) ) ) ) ) ) ) ) JOHN FAIRLESS JR. (d/b/a LXG, LLC), Plaintiff, v. CJH,LLC Defendant. CIVIL ACTION NO. 09-2065 CONSENT JUDGMENT Upon consideration of the parties' joint motion for entry of a Consent Judgment, the Court makes the following findings of fact and conclusions of law and directs the Clerk to enter judgment against Defendant CJH, LLC and in favo of Plaintiffs in the sum of$125,OOO.OO. The Court expressly retains jurisdiction through December 31, 2011, for the sole purpose of enforcing this order. 1. Defendant CJH. LLC admits that it failed to pay Plaintiff amounts d e under the terms of an agreement between the parties to perfonn railroad maintenance work. 2. Judgment shall be entered against the Defendant CJH, LLC and in favor of the Plaintiff in the amount of$125,000.OO. 3. Plaintiffand Defendant agree that the risk of using substantial resources for attorneys' fees and litigation costs in the trial of John Fairless, Jr. d/b/a LXG, LLC v. CJH, LLC, justifies immediately consenting to this judgment best preserve their resources. 0 4. Plaintiff and Defendant agree to bear their own respective attorneys fees and litigation costs incurred to date. 5. Joseph A. Hart, III, the principal owner of the Defendant, agrees to make and attach a sworn written statement about an business assets owned or possessed by the Defendant in the U.S. or any foreign country. Defendant agree and acknowledges that this statement is being made for the benefit of Plaintiff a d Plaintiff is relying on the same for the purposes of entering into this Consent Judgment and should such statement be inaccurate or fail to fully disclose all ass ts of Defendant, Plaintiff wi Ii suffer damages that cannot, at this time be reasonabl ascertained or calculated. Therefore, in the event that the statement by Joseph H rt contemplated by this provision be inaccurate or fail to fully disclose all assets of Defendant as of the date of such statement (being a failure or inaccuracy ofmor than $] 0,000.00), it is agreed and ordered that Plaintiff shall be entitled to liquidated damages in the amount of $250,000.00. 6. Defendant CJH, LLC and its principal owner Joseph Hart show the Co rt that they are no longer engaged in the business of railroad maintenance and agre that they will not conduct, own or operate a railroad maintenance business in an form for a period of eighteen (18) months after the entry of this judgment. This provision of this judgment does not prevent Joseph Hart from acting as an employee, agent or contractor of other businesses engaged in the railroad maintenance business provided that Mr. Hart does not have any ownership inter st in any such businesses. 2 7. This Consent Order constitutes the entire agreement between and among the parties, and no change or additional term shaH have any force or effo unless written and signed by all parties or their authorized counsel and entered b the Court. No oral understandings, statements, promises or inducements contra to the terms of this agreement exist. 8. In consideration of the monetary and non-monetary provisions of th s Consent Order, Plaintiff and Defendant resolve their dispute and agree to dismis al ofthe claims with prejudice. Plaintiff further agrees that they hereby release and discharge any other claims which could have been brought relating to their pay, employment, or recruitment while employed by Defendant or which necessarily should have been brought as part of the claims asserted in this suit including any and all potential claims against Joseph A. Hart, Ill. 9. Upon complete satisfaction ofthe terms of this Consent Order, Plaintiff and Defendant agree to dismiss, by separate motion, all claims they rna have against each other and any other party, known or unknown, arising from th subject matter of this litigation. 10. This Consent Order is to be construed and governed under the laws f the state of Arkansas and shal I bind the parties and their respective heirs, estates successors, assigns, and affiliates. If any provisions are determined by a court 0 competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 11 . Respective counsel for the parties have express authority to enter in 0 this Consent Order on behalf of their clients. Having scrutinized the settlement and determined that the settlement is fai and reasonable, IT IS THEREFORE ORDERED that all foregoing terms and 3 conditions be, and the same are, hereby approved and incorporated fully into this Order. IT IS FURTHER ORDERED that this Court will retain jurisdiction for the sole purpose of enforcing this Consent Order, all tenns and conditions of which re adopted by the Court and hereby made the Order of this Court. A. SO ORDERED this ti:..~ day of {) ~ Respectfully ;7 ./'/.-r /" ,/ // sub~itted and consented to this _._.._. day of September, 201]. ~/ ./"...--;7 A #"'8",7 ' ~.#~.' -,6.,7' ,/ / / . r . / . /Y / /r.~ />;:; '/ ~ /~/ ~ " / ~/",/ / . L~ .v ~~ , 2011. ;~~ /~ ~."C r mrtfe~~' w/ Counsel for Plaintiffs / Ark. Bar No. 95125 The Trammell Law Finn, PLLC 418 North State Line Avenue Texarkana, Arkansas 71854 tel: (870) 779- 1860 chad(cilthetrammellfirm.com ---=--"------"---""'-'--­ '18S' Ie . mpes Counsel for Defendant Ga. BarNo. 665769 Franklin, Taulbee, Rushing, Snipes Marsh, LLC P.O. Box 327 12 Siebald St. Statesboro, GA 30459 tel: (912) 764-9055 ~~.nip.~~.~~e(1r.s.m.&QlT!. 4

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