EQUIPMENT FINANCE, LLC v. HUTCHISON et al

Filing 58

ORDER THAT DEFENDANTS ORAL MOTION FOR JUDGMENTON PARTIAL FINDINGS IS DENIED IN PART AND GRANTED IN PART.IT IS FURTHER ORDERED THAT JUDGMENT ON THE VERDICT ISENTERED IN FAVOR OF PLAINTIFF EQUIPMENT FINANCE, LLC AND AGAINSTDEFENDANT STEVEN M. HUTCHISON IN THE AMOUNT OF $1,503,694.09, ASFOLLOWS:ON COUNT I OF PLAINTIFFS COMPLAINT FILED MAY 8,2009 FOR BREACH OF CONTRACT ON NOTE, JUDGMENT INTHE AMOUNT OF $151,654.09; ANDON COUNT II OF PLAINTIFFS COMPLAINT FOR IMPLIEDCONTRACT, JUDGMENT IN THE AMOUNT OF $1,352,040.00.IT IS FURTHER ORDERED THAT JUDGMENT ON THE VERDICT ISENTERED IN FAVOR OF DEFENDANT BLUE HORIZON VEGETATIVE RECYCLING &LAND CLEARING, INC. AND AGAINST PLAINTIFF EQUIPMENT FINANCE, LLCON PLAINTIFFS CLAIM IN COUNT IV OF PLA INTIFFS COMPLAINT FORIMPLIED CONTRACT.IT IS FURTHER ORDERED THAT JUDGMENT ON THE VERDICT ISENTERED IN FAVOR OF DEFENDANT BLUE HORIZON VEGETATIVE RECYCLING &LAND CLEARING, INC. AND AGAINST PLAINTIFF EQUIPMENT FINANCE, LLC ON PLAINTIFFS CLAIM IN COUNT V OF PLAINTIFFS COMPLAINT FOR UNJUST ENRICHMENT. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/27/2011. 9/27/2011 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EQUIPMENT FINANCE, LLC,
Plaintiff
vs.
STEVEN M. HUTCHISON; and
BLUE HORIZON VEGETATIVE
RECYCLING & LAND CLEARING,
INC.,
Defendants

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Civil Action
No. 09-cv-01964

ORDER AND JUDGMENT
NOW, this 27th day of September, 2011, upon
consideration of defendants’ oral motion for judgment on partial
findings, pursuant to Federal Rule of Civil Procedure 52, made on
the record at the non-jury trial of this matter on October 26,
2010; upon consideration of the following documents:
(1)

Agreed Upon Findings of Fact and Conclusions
of Law, filed jointly by the parties on
March 18, 2010 (Document 28);

(2)

Plaintiff’s Proposed Findings of Fact and
Conclusions of Law That Have Not Been Agreed
Upon, filed April 2, 2010 (Document 30);

(3)

Defendants’ Proposed Findings of Fact and
Conclusions of Law Per the Order of Court of
January 8, 2010, which proposed findings were
filed April 1, 2010 (Document 29); and

(4)

Verdict dated September 27, 2011;

after non-jury trial before the undersigned on October 26, 2010;
based upon the findings of fact and conclusions of law stated

separately in the Adjudication accompanying this Order and
Judgment, pursuant to Fed.R.Civ.P. 52(a)(1); for the reasons
articulated in the accompanying Adjudication; and pursuant to
Fed.R.Civ.P. 58,
IT IS ORDERED that defendants’ oral motion for judgment
on partial findings is denied in part and granted in part.
IT IS FURTHER ORDERED that judgment on the Verdict is
entered in favor of plaintiff Equipment Finance, LLC and against
defendant Steven M. Hutchison in the amount of $1,503,694.09, as
follows:
On Count I of plaintiff’s Complaint filed May 8,
2009 for Breach of Contract on Note, judgment in
the amount of $151,654.09; and
On Count II of plaintiff’s Complaint for Implied
Contract, judgment in the amount of $1,352,040.00.
IT IS FURTHER ORDERED that judgment on the Verdict is
entered in favor of defendant Blue Horizon Vegetative Recycling &
Land Clearing, Inc. and against plaintiff Equipment Finance, LLC
on plaintiff’s claim in Count IV of plaintiff’s Complaint for
Implied Contract.
IT IS FURTHER ORDERED that judgment on the Verdict is
entered in favor of defendant Blue Horizon Vegetative Recycling &
Land Clearing, Inc. and against plaintiff Equipment Finance, LLC

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on plaintiff’s claim in Count V of plaintiff’s Complaint for
Unjust Enrichment.

BY THE COURT:

/s/ James Knoll Gardner
James Knoll Gardner
United States District Judge

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