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)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS GARY C. EVANS, et al., Plaintiffs, v. ORION ETHANOL, INC., Defendant. ) ) ) ) ) ) ) ) ) ) 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 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?