Duke's Roofing and Exterior Construction, LLC v. Lexis Coatings, LLC

Filing 52

JUDGMENT: (1) The Court enters JUDGMENT in favor of Lexis Coatings, LLC on all claims asserted against it and on its Counterclaim. (2) Court enters JUDGMENT against Duke's Roofing and Exterior Construction, LLC on all claims it asserted and on Lexis's Counterclaim. (3) This disposition moots Lexis's third-party claims against Sherman-Carter-Barnhart Architects, PLLC. Court DISMISSES WITHOUT PREJUDICE Lexis's 21 Third-Party Complaint. (4) The Court AWARDS Lexis $8,294. 26 levied against Duke's. Court further AWARDS Lexis against Duke's (1) prejudgment interest, from the date each payment was due (respectively as to the amount of each invoice) until the date of Judgment, at the rate of 8% per annum, a nd (2) postjudgment interest, from the date of Judgment until the Judgment is paid in full, at the federal judgment rate. These totals are immediately due and payable by Duke's to Lexis. (5) Court DENIES AS MOOT all pending motions and requests for relief not resolved prior to Judgment entry. (6) Court CONTINUES GENERALLY all scheduled proceedings. (7) This is a final Judgment as to the rights and liabilities of all claims and parties and any previous interlocutory rulings now are final. (8) Court STRIKES this matter from the active docket. Signed by Judge Robert E. Wier on 8/30/2018.(SCD)cc: COR,D,JC

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION LEXINGTON DUKE’S ROOFING AND EXTERIOR CONSTRUCTION, LLC, Plaintiff / Counterclaim Defendant, v. LEXIS COATINGS, LLC, Defendant / Counterclaim Plaintiff / Third Party Plaintiff, v. SHERMAN-CARTER-BARNHART ARCHITECTS, PLLC, Third Party Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 5:16-CV-432-REW JUDGMENT *** *** *** *** In accordance with the Opinion and Order entered contemporaneously herewith, the Court hereby ORDERS and ADJUDGES as follows: (1) The Court enters JUDGMENT in favor of Lexis Coatings, LLC (Lexis), on all claims asserted against it and on its Counterclaim; (2) The Court enters JUDGMENT against Duke’s Roofing and Exterior Construction, LLC (Duke’s), on all claims it asserted and on Lexis’s Counterclaim; (3) This disposition moots Lexis’s third-party claims against Sherman-CarterBarnhart Architects, PLLC. Accordingly, the Court DISMISSES WITHOUT PREJUDICE Lexis’s Third-Party Complaint (DE #21); 1 (4) The Court AWARDS Lexis $8,294.26, levied against Duke’s. The Court further AWARDS Lexis, against Duke’s, (1) prejudgment interest, from the date each payment was due (respectively as to the amount of each invoice) until the date of Judgment, at the rate of 8% per annum, and (2) postjudgment interest, from the date of Judgment until the Judgment is paid in full, at the federal judgment rate. These totals are immediately due and payable by Duke’s to Lexis; (5) The Court DENIES AS MOOT all pending motions and requests for relief not resolved prior to Judgment entry; (6) The Court CONTINUES GENERALLY all scheduled proceedings; (7) This is a final Judgment as to the rights and liabilities of all claims and parties, and any previous interlocutory rulings now are final; and (8) The Court STRIKES this matter from the active docket. This the 30th day of August, 2018. 2

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