Deloney et al v. Chase et al

Filing 37

ORDER denying 34 Supplemental MOTION for Default Judgment. Signed by Honorable Susan O. Hickey on September 11, 2017. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

JERRY DELONEY and
PEGGY DELONEY

V.

PLAINTIFFS

CASE NO. 4:15-CV-4104

DENNIS CHASE and
CHASEMASTER CORPORATION

DEFENDANTS
ORDER

Before the Court is Plaintiffs’ Second Supplemental Motion for Default Judgment as to
Defendants Dennis Chase and Chasemaster Corporation. ECF No. 34. Plaintiffs again seek
recovery under theories of promissory estoppel, unjust enrichment/assumpsit, and conversion in
the alternative, but seek redress under theories of breach of fiduciary duty and fraud “[i]n addition
to Plaintiffs’ other claims.” Regardless, the Court has considered these claims and finds that
Plaintiffs have not adequately supported their claims of breach of fiduciary duty or fraud.
Therefore, because the Court has granted relief on Plaintiffs’ breach-of-contract claim and
Plaintiffs have failed to sufficiently support their breach of fiduciary duty and fraud claims, the
Court finds that Plaintiffs’ Second Supplemental Motion for Default Judgment as to Defendants
Dennis Chase and Chasemaster Corporation (ECF No. 34) should be and hereby is DENIED.
IT IS SO ORDERED, this 11th day of September, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge