THE GUARANTEE COMPANY OF NORTH AMERICA v. GARY'S GRADING & PIPELINE CO INC et al

Filing 79

ORDER directing final judgment in favor of The Guarantee Company of North America against Pine Plantation, LLC, Garys Grading & Pipeline, Co., Inc., CGP Equipment Company, Inc., and Bold Springs, LLC, jointly and severally, in the amount of $2,546,354.69. Ordered by US DISTRICT JUDGE CLAY D LAND on 5/16/2016 (tlf).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
THE GUARANTEE COMPANY OF NORTH
AMERICA,

*
*

Plaintiff,
*
vs.
*
GARY’S GRADING & PIPELINE CO.
INC., PINE PLANTATION, LLC, CGP *
EQUIPMENT COMPANY, INC., BOLD
SPRINGS, LLC, GARY G. OPOLKA,
*
and CHRISTOPHER A. OPOLKA,
*
Defendants.

CASE NO. 3:15-CV-83 (CDL)

O R D E R
The Court previously granted summary judgment in favor of
The Guarantee Company of North America as to Pine Plantation,
LLC’s

liability

for

breach

of

contract,

and

granted

default

judgment in favor of The Guarantee Company as to the liability
of Gary’s Grading & Pipeline Co., Inc., CGP Equipment Company,
Inc., and Bold Springs, LLC.

But the Court found that a genuine

factual dispute existed as to the amount of damages proximately
caused by Pine Plantation’s breach and that a jury trial was
necessary
liability.

to

determine

the

amount

of

Pine

Plantation’s

The Court tried that claim to a jury along with The

Guarantee Company’s claim against Gary G. Opolka.

The jury was

unable to reach a unanimous verdict as to the liability of Gary
G. Opolka, and therefore, the Court declared a mistrial on that

claim.

The jury did return a unanimous verdict against Pine

Plantation

on

May

13,

2016,

awarding

The

Guarantee

Company

damages in the amount of $2,546,354.69.
In
parties

advance
that

it

of

that

jury

intended

for

trial,
the

the

jury

Court

trial

notified

to

also

be

the
an

evidentiary hearing to determine the amount of damages that The
Guarantee Company should recover from the defaulting Defendants.
The Court finds that the amount of damages proved during that
trial was $2,546,354.69.
Plaintiff’s

claims

for

monetary

damages

against

Gary

G.

Opolka and Christopher A. Opolka remain pending.1

Plaintiff’s

injunctive

to

Defendants

relief
to

claims,

post

including

appropriate

its

claim

collateral,

require

against

all

Defendants also remain pending.
The Court finds that there is no just reason for delaying
the entry of final judgment in favor of Plaintiff on Plaintiff’s
monetary

damages

claims

against

Pine

Plantation,

LLC,

Gary’s

Grading & Pipeline, Co., Inc., CGP Equipment Company, Inc., and
Bold

Springs,

$2,546,354.69.

LLC,

jointly

and

severally,

in

the

amount

of

Therefore, pursuant to Federal Rule of Civil

Procedure 54(b), the Court directs the entry of final judgment
as to these claims.
1

The claim against Gary G. Opolka will be re-tried in light of the
hung-jury mistrial. The claim against Christopher A. Opolka is stayed
because of his pending bankruptcy proceeding.

2

Accordingly, the Clerk is directed to enter final judgment
in favor of The Guarantee Company of North America against Pine
Plantation,
Equipment

LLC,

Gary’s

Company,

Inc.,

Grading
and

&

Bold

Pipeline,
Springs,

Co.,
LLC,

Inc.,

CGP

jointly

and

severally, in the amount of $2,546,354.69.
IT IS SO ORDERED, this 16th day of May, 2016.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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