United States ex rel et al v. Dorsey Construction Company et al

Filing 13

CONSENT ORDER, DECREE AND JUDGMENT ENTRY; TERMINATION ENTRY. Signed by Judge Thomas M Rose on 3/26/09. (bev1, )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION : Case No. 3:08 cv 00455 : Judge Thomas Rose : Magistrate Sharon Ovington Plaintiffs, : : v. : CONSENT ORDER, DECREE AND : JUDGMENT ENTRY; TERMINATION DORSEY CONSTRUCTION : ENTRY COMPANY, et al. : ______________________________________________________________________________ This matter is before the Court pursuant to the joint request of Plaintiff Frebco, Inc. ("Frebco") and Defendant Dorsey Construction Company ("Dorsey") for the purpose of entering agreed orders, decrees and judgment, in, and for the termination of, the above-captioned cause. Being duly advised in the premises, for good cause shown, and upon agreement and consent of the parties, IT IS HEREBY ORDERED, DECREED AND ADJUDGED as follows: Frebco is granted a judgment against Dorsey (i) in the principal amount of $24,815.11, plus interest from March 28, 2008 at the rate of 18% per annum until the judgment is paid in full, and (ii) for attorneys' fees of $10,836.00 and costs of $350.00, for a total of $11,186.00, under the Ohio Prompt Pay Act, Section 4113.61 of the Ohio Revised Code. Except to the extent resolved by this Consent Order, the above-captioned action, and all claims which have been or might have been asserted herein, by or against any party to this action are dismissed without prejudice. Each party shall bear his or its own costs of this action as incurred. UNITED STATES ex rel., FREBCO, INC., et al.

ENTERED this Twenty-Sixth day of March, 2009

s/Thomas M. Rose ____________________________________ Judge Thomas M. Rose United States District Judge REVIEWED, AGREED UPON AND CONSENTED TO BY:

/s/ Richard K. Stovall Richard K. Stovall (0029978) Lisa L. Norris (0061550) ALLEN KUEHNLE STOVALL & NEUMAN LLP 21 West Broad Street, Suite 400 Columbus, Ohio 43215 614/221-8550 614/221-5988 Fax [e-mail] [e-mail] Attorneys for Dorsey Construction Company

/s/ Richard L. Carr, Jr. Richard L. Carr, Jr. (0003180) Donald B. Rineer (0071511) DUNLEVEY, MAHAN & FURRY 110 North Main Street, Suite 1000 Dayton, Ohio 45402-1738 937/223-6003 937/223-8550 Fax [e-mail] [e-mail] Attorneys for Plaintiffs