Pacific Cycle, Inc. v. PowerGroup International, LLC et al

Filing 132

ORDER that judgment to be entered in favor of plaintiff in the amount of $1,560,000 against defendant Powergroup International and in favor of defendant Michael Tomberlin dismissing plaintiff's claims with prejudice. The case is dismissed against defendant Tomberlin Automotive Group without prejudice subject to reopening upon completion of bankruptcy proceedings. Signed by District Judge William M. Conley on 11/22/13. (rep)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

PACIFIC CYCLE, INC.
Plaintiff,
ORDER
v.
12-cv-529-wmc
POWERGROUP INTERNATIONAL, LLC,
(a/k/a POWERGROUP INTERNATIONAL, INC.),
TOMBERLIN AUTOMOTIVE GROUP, INC.,
and MICHAEL TOMBERLIN,
Defendants.

On August 20, 2013, the court entered an order granting summary judgment
in favor of plaintiff on its claims against defendant Powergroup International, LLC.
On November 6, 2013, after a court trial, the court entered an order dismissing
plaintiff’s claims against defendant Michael Tomberlin with prejudice.

The sole

remaining claim in the case is against defendant Tomberlin Automotive Group, Inc.,
which is presently a petitioner in bankruptcy.
The court now finds that there is no just reason for delay in entering final
judgment on the claims between plaintiff Pacific Cycle, Inc. and defendants
Powergroup International, LLC and Michael Tomberlin.

1

ORDER
IT IS ORDERED that judgment be entered in favor of plaintiff Pacific Cycle,
Inc. against Powergroup International, LLC in the amount of $1,560,000, plus
interest at a rate of 12% per annum and attorney’s fees.
IT IS FURTHER ORDERED that judgment be entered in favor of defendant
Michael Tomberlin dismissing plaintiff’s claims against him with prejudice.
IT IS FURTHER ORDERED that the pending action against defendant
Tomberlin Automotive Group, Inc. is dismissed without prejudice subject to its
reopening upon reference from or completion of bankruptcy proceedings.
IT IS FURTHER ORDERED that any order to reopen shall place this case at
the head of the docket for immediate judicial attention.
Entered this 22nd day of November, 2013.
BY THE COURT
/s/
WILLIAM M. CONLEY
District Judge

2