Tribuilt Construction Group, LLC v. International Fidelity Insurance Company

Filing 65

AMENDED JUDGMENT AND ORDER as set forth. Further any remaining claims against Joseph and Stacy Marrone are STAYED PENDING BANKRUPTCY. Signed by Honorable Paul K. Holmes, III on June 14, 2011. (lw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TRIBUILT CONSTRUCTION GROUP, LLC V. PLAINTIFF No. 2:10-CV-02052 INTERNATIONAL FIDELITY INSURANCE COMPANY ALAN M. HARRISON, GAYE P. HARRISON, JOSEPH E. MARRONE, STACY M. MARRONE, and SOUTHLAND ENTERPRISES, LLC DEFENDANT THIRD-PARTY DEFENDANTS AMENDED JUDGMENT AND ORDER The Court hereby amends its Judgment and Order entered June 13, 2011 as follows: For the reasons reflected in the Court’s Opinion entered this same date, the Court VACATES its Order dated April 1, 2011 (Doc. 58) dismissing IFIC’s claims with prejudice and REOPENS the instant matter. International Fidelity Insurance Company’s (“IFIC”) Motion to Set Aside Order of Dismissal and to Enforce Settlement Agreement (Doc. 59) is DENIED, however, to the extent that it requests enforcement of the settlement agreement. IT IS FURTHER ORDERED that upon vacating its previous Order (Doc. 58) and reopening the instant matter, the Court finds that IFIC’s Motion for Summary Judgment on the Counterclaim and ThirdParty Complaint (Doc. 46) should be, and hereby is GRANTED. Accordingly, it is HEREBY ADJUDGED that International Fidelity Insurance Company (“IFIC”) shall have and recover from Tribuilt Construction Group, LLC, Alan M. Harrison, Gaye P. Harrison, and Southland Enterprises, LLC, jointly and severally, judgment in the amount of $492,828.57, with all parties to bear their own costs and fees. This judgment amount shall bear interest at the prevailing legal rate of 0.18% per annum from the date of entry of this order until paid. See 28 U.S.C. § 1961. Any remaining claims against separate defendants Joseph and Stacy Marrone are STAYED PENDING BANKRUPTCY. Separate Defendants Joseph and Stacy Marrone are directed to promptly inform the Court once their bankruptcy proceeding has concluded. It is so ORDERED and ADJUDGED this 14th day of June 2011. /s/ Paul K. Holmes, III Paul K. Holmes, III United States District Judge

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