AMERIFACTORS FINANCIAL GROUP, LLC v. WINDSTREAM SUPPLY, LLC, 4:12-cv-202-DPM. (2015)
Court: District Court, E.D. Arkansas
Number: infdco20150508993
Visitors: 6
Filed: May 07, 2015
Latest Update: May 07, 2015
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . For the reasons stated on the record at the 5 May 2015 hearing, as supplemented, the Court makes the following rulings on the pending issues. 1. Amerifactors is entitled to summary judgment on its breach-of-contract claim in the amount of $61,182.89. No genuine issue of material fact exists in the record compiled before the Court vacated it's earlier Judgment, No. 114. Daenen's new affidavit simply comes too late and doesn't square with his earl
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . For the reasons stated on the record at the 5 May 2015 hearing, as supplemented, the Court makes the following rulings on the pending issues. 1. Amerifactors is entitled to summary judgment on its breach-of-contract claim in the amount of $61,182.89. No genuine issue of material fact exists in the record compiled before the Court vacated it's earlier Judgment, No. 114. Daenen's new affidavit simply comes too late and doesn't square with his earli..
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ORDER
D.P. MARSHALL, Jr., District Judge.
For the reasons stated on the record at the 5 May 2015 hearing, as supplemented, the Court makes the following rulings on the pending issues.
1. Amerifactors is entitled to summary judgment on its breach-of-contract claim in the amount of $61,182.89. No genuine issue of material fact exists in the record compiled before the Court vacated it's earlier Judgment, No. 114. Daenen's new affidavit simply comes too late and doesn't square with his earlier deposition testimony and the other undisputed facts of record. Amerifactors is entitled to pre-judgment interest at 6% since 31 July 2009. ARK. CODE ANN.§ 4-57-lOl(d). Amerifactors must file an interest calculation, including a per diem, by 12 May 2015. Amerifactors is not entitled to recover any attorney's fees from Windstream.
2. Windstream's motion for a default judgment against Hal-Tec, No. 119, is granted as modified. Hal-Tee's default admits the pleaded facts. Those facts establish Windstream's right to recover against Hal-Tee on the contract. Windstream is therefore entitled to judgment against Hal-Tee in the amount of Ameridactors's full recovery. The Court rejects Windstream's argument that Hal-Tee's default in this case is chargeable to Amerifactors, or somehow entitles Windstream to judgment against Amerifactors, which would result in a dogfall with no recovery for anyone. Windstream must file a short brief by 12 May 2015 explaining specifically why the contract entitles Windstream to attorney's fees from Hal-Tee, or why they should be awarded under ARK. CODE ANN.§ 16-22-308, in the circumstances presented.
So Ordered.
Source: Leagle