Campbell-Sevey, Inc. v. Pacific Ethanol Imperial, LLC et al

Filing 145

ORDER ADOPTING REPORT AND RECOMMENDATION for 144 Report and Recommendation, 121 Motion for Entry of Judgment filed by Campbell-Sevey, Inc. Plaintiff's Motion for Entry of Final Judgment Under Rule 54(b) (Doc. No. 121 ) is GRANTED as follows : 1. The Court enters final judgment under Rule 54(b) against Bateman for its Guaranty of $646,998.73 owed by Delta-T under the Payment Agreement. 2. The Court enters final judgment under Rule 54(b) against Bateman for its Guaranty of for $ 38,280.00 owed by Delta-T for extra service hours. 3. The Court enters final judgment under Rule 54(b) against Bateman for its Guaranty of $168,896.60 owed by Delta-T in interest under the Payment Agreement. (Written Opinion). Signed by Judge Donovan W. Frank on 8/2/2010. (BJS)

Campbell-Sevey, Inc. v. Pacific Ethanol Imperial, LLC et al

Doc. 145

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Campbell-Sevey, Inc., Plaintiff, v. Delta-T Corporation and Bateman Litwin, N.V., Defendants and Third-Party Plaintiffs. ORDER ADOPTING REPORT AND RECOMMENDATION Civil No. 08-6284 (DWF/FLN)

Anthony N. Kirwin, Esq., John H. Strothman, Esq., and Jonathan M. Bye, Esq., Lindquist & Vennum PLLP, counsel for Plaintiff and Counter-Defendant. Arthur G. Boylan, Esq., Michael G. Taylor, Esq., and Stephen H. Barrows, Esq., Leonard Street and Deinard, PA, counsel for Defendants, Third-Party Plaintiffs, and CounterClaimants Delta-T Corporation, Bateman Litwin N.V., Philip J. Kaplan, Esq., Anthony Ostlund Baer & Louwagie PA, counsel for Third-Party Defendants Pacific Ethanol Imperial, LLC, and Pacific Ethanol, Inc..

Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated July 16, 2010, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that Plaintiff's Motion for Entry of Final Judgment Under Rule 54(b) (Doc. No. [121]) is GRANTED as follows:

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The Court enters final judgment under Rule 54(b) against Bateman for its

Guaranty of $646,998.73 owed by Delta-T under the Payment Agreement. 2. The Court enters final judgment under Rule 54(b) against Bateman for its

Guaranty of for $38,280.00 owed by Delta-T for extra service hours. 3. The Court enters final judgment under Rule 54(b) against Bateman for its

Guaranty of $168,896.60 owed by Delta-T in interest under the Payment Agreement. LET JUDGMENT BE ENTERED ACCORDINGLY ONLY FOR THE GUARANTIES LISTED ABOVE AND ONLY WITH RESPECT TO DEFENDANT BATEMAN LITWIN N.V., A FOREIGN CORPORATION.

Dated: August 2, 2010

s/Donovan W. Frank DONOVAN W. FRANK United States District Judge

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