Evans et al v. Orion Ethanol, Inc.

Filing 38

MEMORANDUM AND ORDER regarding damages. See Order for details. Signed by District Judge Monti L. Belot on 10/26/2011. (alm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
GARY C. EVANS, et al.,
Plaintiffs,
v.
ORION ETHANOL, INC.,
Defendant.

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Civil ACTION
No. 09-CV-1245-MLB

MEMORANDUM AND ORDER
On October 24, 2011, the Court called this case for
evidentiary hearing on plaintiffs’ damages, following the
Court’s granting of plaintiffs’ Motion for Summary Judgment
June 23, 2011, with respect to liability.

Neither defendant

nor any counsel or representative from defendant appeared.
I.

EVIDENCE
Plaintiff Gary Evans appeared and, duly sworn, offered

testimony as to plaintiffs’ damages.

Mr. Evans testified

that no payment on the promissory notes at issue in this
case has been made.

Mr. Evans further testified that the

principal and interest due and owing as of October 24, 2011,
is

as

follows:

$1,523,029.77

on

$152,301.94 on Mr. Krueger’s note.

Mr.

Evans’

note,

and

The Court finds Mr.

Evans’ testimony credible and unopposed.
Mr. Evans further requested attorneys’ fees be awarded
in the amounts of $13,275 for counsel Jack C. Myers, and
$5,000 for counsel Andrew B. Protzman, all fees incurred in

the prosecution of this action.

The Court finds these

attorney fees to be reasonable under the circumstances.
II.

CONCLUSION
After hearing plaintiffs’ evidence and for good cause

shown, the Court takes the following action:
1.

The Court enters judgment in favor of plaintiff

Gary C. Evans in the amount of $1,523,029.77; and
2.

The Court enters judgment in favor of plaintiff

David S. Krueger in the amount of $152,301.94; and
3.

The

Court

further

enters

judgment

in

favor

of

plaintiffs Gary C. Evans and David S. Krueger jointly in the
amount of $18,275 for their attorneys’ fees incurred.
IT IS SO ORDERED.
Dated this

26th day of October, 2011, at Wichita,

Kansas.
s/ Monti Belot
Monti L. Belot
UNITED STATES DISTRICT JUDGE

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