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
3
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