Deere & Company v. Rebel Auction Company, Inc. et al

Filing 31

CONSENT ORDER/JUDGMENT. Signed by Judge Dudley H. Bowen on 8/8/16. (cmr)

ilUES

AUafJSTA IfV.

2816 AUG-8 PMli:06
LERK_ C-flWOuu^
IN THE UNITED STATES DISTRICT COURT

sm:0ist.8F(^;

FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION

DEERE & COMPANY,
Plaintiff

CIVIL ACTION,FILE NO,:
3:15-CV-00072-DHB-BKE

VS

REBEL AUCTION COMPANY,INC.
AND FOUR-D,INC.,
Defendants

rnNSFNT ORDER/JUDGMENT

The Court having previously entered an Order on June 3, 2016 granting Plaintiff

partial summary judgment on the issue of the Defendants liability in tort for conversion, and
smA Order having further scheduled an evidentiary on the issue of damages for Wednesday, July
20, 2016, and, prior to set scheduled hearing, the parties announced that they had reached a
settlement on the damages issue, which settlement is embodied in this Consent Order/Judgment,

and is hereby approved by the Court. IT IS THEREFORE CONSIDERED,ORDERED AND
ADJUDGED AS FOLLOWS:
-1-

It is a finding of this Court that the two items of equipment converted by
Defendants have the following values:

a.

JD 616C Combine (Com Head), Serial Number 745283;
$64,679.00;

s

b.

Horst Welding CF 45 Transport, Serial Number 120307:
$6,800.00.
-2-

Plaintiff is awarded compensatory damages against both Defendants for the value

of the equipment converted totaUng $71,479.00, plus interest on said amount fix)m the date of
conversion. March 15, 2014, at the rate of 7% per annum, the interest total being $11,858.00
through July 27,2016,and future per diem interest of$13.71 after July 27,2016.
-3-

Plaintiff is awarded attomey fees in the amount of $21,769.00 and costs in the

amount of $1,490.48, which figures are for amounts billed through June 28, 2016. Plamtiffs

counsel has represented to the court that attomey fees subsequent to June 28,2016 are estimated
not to exceed $3,000.00 provided that Defendants timely pay the amounts set forth herein, and
Plaintifris awarded such additional attomey fees and costs incurred subsequent to June 28,2016
as shall be set forth in a subsequent affidavit submitted to the court by Plaintiffs counsel,

without further hearing, unless Defendants file a written objection to such affidavit within 10

days after the same is filed with the court and served upon Defendants' counsel. In the event a
written objection is timely filed, the Court will set the matter down for a hearing on that issue;
otherwise,the amount set forth in the subsequent affidavit shall be deemed approved.
-4-

Plaintiff has conditionally waived punitive damages, and no such damages are

presenUy awarded, and no such damages shall be awarded provided that Defendants pay the
entire amount awarded to Plaintifr in this Consent Order/Judgment on or before September 18,

2016. In the event all such amounts are not paid on or before September 18,2016,Plamtiffshall

not have waived punitive damages, and upon Plamtiff or Plaintiffs counsel filing an affidavit

wiA the Court setting forth substantially that all such amounts have not been paid on or before

September 18, 2016, the Court will set the matter down for hearing on the punitive damages
issue.
-5-

Plaintiff is the holder of a judgment agmnst Benny F. Hall, Jr. and Hall Farm,

LLC,jointly and severally, from the Circuit Court ofdie County of Accomack, Virginia, entered
December 27,2015,a copy of which is attached hereto as Exhibit"A",and is made a part hereof.
Upon payment by Defendants of all amounts awarded to Plaintiff under this Consent
Order/Judgment, Plaintiff shall assign the Virginia judgment to Defendants, provided fliat such

judgment has not been earlier paid in frill. In the event Plaintiff receives a full or partial payment
or payments on said Virginia judgment prior to an assignment, the same shall be credited against
the amounts awarded to Plaintiff under the provisions ofthis Consent Order/Judgment.
-6-

This Consent Order/Judgment may be filed presently in the case, but by

stipulation of the parties, the automatic stay of the issuance of an execution, FRCP 62 is
extended such that no execution shall issue nor shall the same be entered on any execution

docket provided that Defendants pay all amoimts awarded to Plaintiff under the terms and
provisions of this Consent Order/Judgment on or before September 18, 2016. In the event
Plaintiff or Plaintiff's counsel submits an affidavit after S^ember 18, 2016 that all amounts

awarded to Plaintiff under the terms and provisions of this Consent Order/Judgment have not

been paid in full, which affidavit shall frirther state the amount or amoimts that remain unpaid,

the automatic stay of the issuance of an execution shall terminate, and the Clerk shall issue an

appropriate execution and any other appropriate documents to allow Plaintiffto pursue collection

of the amounts awarded to Plaintiff herein. In the event additional attorney fees or punitive
damages are awarded to Plaintiff after a hearing on either of said issues subsequent to the

issuance of an initial execution and any other appropriate documents, such execution and other
documents shall be amended hy tjie Clerk tojnclude any additional awards in favor ofPlaintiff.

This

Umted States Distnct J

CONSENTED TO:

r. Hunter,
Attorney For Deere & Company
Hunter and Hunter,

Attomeys at Law,P. C.
1115 South Main Street

Sylvania, Georgia 30467
[phone]
Bar Number: 379067

r,Esq.

^Attorney For Rebel Auction
Company,Inc. and Four-D,Inc
205 N.Franklin Street

Dublin, Georgia 31021
[phone]
Bar Number 285565

VIRGINIA:

IN THE CIRCUIT COURT

OF THE COUNTY OF ACCOBIACK

DEERE as COBIPANY,
Plaintiff,
Case No* CL14-338

B^VNY F. HALL» JR., et at.
Defendant.

CONSENT FINAI^.nmfiMRiyT ORDER

Deere & Company,

covinsel, seeks entry of a final judgment order

against Defendants Benny F. Hall, Jr. and Hall Farm, LLC. The Defendants, by
endorsement of their coimsel, consent.

Deere fis Company represents that all of the collateral securing the

Defendants'three loan accounts has been surrendered and sold except a John
Deere 2012 Model 616C Comhead, Serial No. 1H00616CCCC745283 and a

Horst Welding 2012 Model CF45 Transport, Serial No. 120307, which collateral

is no longer in the possession, custody or control of the Defendants. Deere &

Company further represents that loan accounts 1843 and 5298 have been paid
in full by the proceeds from the sale of the surrendered collateral and the

balance of loan accovint 8970 has been reduced thereby. Therefore, in light of
the consent of the parties, it is hereby

ORDERED thatjudgment is entered in favor of Deere & Company and
against Benny F. Hsill, Jr. and Hall Farm, LLC,jointfy and severally, in the

amount of$59,359.78, with interest accruing on the principal balance of

$51,426.22 at the judgment rate from November 25,2015 until paid in full,
plus attorneys* fees, costs and expenses of$24,038.28. It is further

ORDERED that Deere & Company is granted the sole and exclusive right
to possession of the aforementioned Comhead and Transport. If Deere &

Company obtains possession of said collateral, it shall apply the proceeds of
the sale as a credit to this judgment, after payment of the costs of sale and
obtaining possession, including legal fees and expenses. It is further
ORDERED that the Clerk of the Court mail attested copies of this order,
as entered, to counsel of record. This matter is ended.

Entered:/^ /-^1 //gf
Circuit Court Judge
I ask for this:

Kimberly Anij^3*ayio^^y^B^29823
Kepley Broscious

PLC

2211 Pump Road
Richmond, VA 23232

[phone]

[phone](Facsimile)
CoTonsel for John Deere
Seenyfifid aeredd:

\cconiack County Circuit Court
hat the documem in which this authentication
! .ifixed IS a true copv of a record filed in the

CakAJEiasoi^ VfeS #18636
Cullen Drescfli^Speckhart, VSB #79096
Wolcott Rivers Gates

301 Bendix Road, Ste 500
Virginia Beach, VA 23452

t.comack Coun^ Circuit Court. Virginia.

TLSTE: SAMUEL H. COOPER.JR.