N.R. Smith, LLC v. Hicks et al

Filing 44

JUDGMENT in favor of N.R. Smith, LLC against HOUSE OF ROCK THEATRE, INC., KIRBY VANBURCH THEATRE, INC., WIRESTREAM INTERNET SERVICES, INC., WIRESTREAM MARKETING, INC., WIRESTREAM MEDIA, INC., WIRESTREAM NETWORKS, INC., WIRESTREAM PRINTING, INC., WIRE STREAM PRODUCTIONS, INC., WIRESTREAM RECORDS, INC., WIRESTREAM SECURITY, INC., Wayne Hicks Enterprises, Inc., Lori Hicks, Wayne A. Hicks. IT IS THEREFORE ORDERED that plaintiff have judgment, both jointly and severally, against all defendants except My Icis, Inc., for damages in the amount of $607,662.39, plus interest in the amount of $79,612.13, plus costs of $850.00, for a total of $688,124.52, same to bear interest from the date of judgment until the date of satisfaction of judgment at the rate of 1.59% per annum. IT IS FURTHER ORDERED that plaintiff's claims against separate defendant My Icis, Inc., are hereby dismissed without prejudice. Signed by Honorable Jimm Larry Hendren on October 6, 2008. (lw)

IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS H A R R I S O N DIVISION N . R . SMITH, LLC v. C i v i l No. 07-3055 P L AI N TI F F

W A Y N E A. HICKS and LORI HICKS, h u s b a n d and wife; WAYNE HICKS d / b / a Shake It Up Club; MY ICIS, I N C . ; WAYNE HICKS ENTERPRISES, INC. d/b/a Wirestream Internet S e r v i c e s , and d/b/a Wirestream K V B , and d/b/a Wirestream Marketing, a n d d/b/a Wirestream Media, and d / b / a Wirestream Networks, and d / b / a Wirestream Printing, and d / b / a Wirestream Productions, and d / b / a Wirestream Records, and d / b / a Wirestream Security; HOUSE O F ROCK THEATRE, INC.; KIRBY V A N B U R C H THEATRE, INC.; WIRESTREAM I N T E R N E T SERVICES, INC.; WIRESTREAM M A R K E T I N G , INC.; WIRESTREAM MEDIA, I N C . ; WIRESTREAM NETWORKS, INC.; W I R E S T R E A M PRINTING, INC.; WIRESTREAM P R O D U C T I O N S , INC.; WIRESTREAM RECORDS, I N C . ; WIRESTREAM SECURITY, INC. J U DG M EN T

D E FE N DA N TS

N o w on this 6th day of October, 2008, the Court takes up for f i n a l consideration and the entry of judgment plaintiff's Motion A n d Brief In Support Of Motion For Default Judgment (document #18) a n d Amended Motion And Brief In Support Of Motion For Default J u d g m e n t (document #19), and the Court, being well and sufficiently a d v i s e d , finds and orders as follows: 1. f r au d , In this suit, plaintiff alleged and fraud, constructive transfer

constructive

trust,

conversion,

fraudulent

u n de r

A.C.A.

§4-59-204,

with

regard

to

the

transfer

of

funds

t h r o u g h accounts owned or controlled by defendants. as to whom service of process was perfected

All defendants in default.

are

P l a i n t i f f indicated its intention to dismiss its claims against My I c i s , Inc., as to whom service had not been perfected. The Court

w i l l , by this Judgment, dismiss plaintiff's claims against My Icis, I n c . , without prejudice. 2. P l a i n t i f f also indicated its intention to dismiss its As a result,

c l a i m s for business damages and punitive damages.

t h o s e forms of damages have not been considered in computing the a m o u n t of damages to which plaintiff is entitled. 3. B y Order dated June 11, 2008, the Court found that entry defendants other than My Icis, Inc.,

o f default judgment as to all

w o u l d be appropriate when the issues of damages, attorney's fees and costs were resolved. Plaintiff thereupon proved itself

e n t i t l e d to damages in the amount of $607,662.39, with pre-judgment i n t e r e s t from August 1, 2006, until the date of judgment. Because

n o amount of pre-judgment interest was agreed between the parties, t h e Court will award such interest at the rate of 6% per annum, p u r s u a n t to Ark. Const. Art. 19, §13. 4. T h e Court has this date determined that plaintiff is

e n t i t l e d to an award of costs in the amount of $850.00. I T IS THEREFORE ORDERED that plaintiff have judgment, both j o i n t l y and severally, against all defendants except My Icis, Inc.,

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f o r damages in the amount of $607,662.39, plus interest in the a m o u n t of $79,612.13, plus costs of $850.00, for a total of Six H u n d r e d Eighty-Eight Thousand One Hundred Twenty-Four and 52/100 D o l l a r s ($688,124.52), same to bear interest from the date of j u d g m e n t until the date of satisfaction of judgment at the rate of 1 . 5 9 % per annum. I T IS FURTHER ORDERED that plaintiff's claims against separate d e f e n d a n t My Icis, Inc., are hereby dismissed without prejudice. I T IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN U N I T E D STATES DISTRICT COURT

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