Parsons & Whittemore Enterprises Corporation v. Cello Energy, LLC et al
| Alabama Southern District Court | |
| Judge: | Callie V S Granade |
| Referred: | Sonja F Bivins |
| Case #: | 1:09-cv-00631 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Sep 25, 2009 |
| Re-opened: | Feb 03, 2011 |
| Terminated: | Feb 08, 2011 |
Defendant
Allen W. Boykin
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Defendant
Boykin Trust, LLC
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Defendant
Cello Energy, LLC
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Defendant
Elisa Rambo Boykin
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Defendant
Forest Technologies, LLC
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Defendant
Jack W. Boykin
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Defendant
Lois Anne Cowin Boykin
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Defendant
Vesta Venture, LLC
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Interested Party
Biofuels Operating Co., LLC
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Plaintiff
Parsons & Whittemore Enterprises Corporation
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GPO
Oct 16 2009
Order, Cello Energy, LLC, Boykin Trust, LLC, and Forest Technologies, LLC are GRANTED leave until November 16, 2009 to retain counsel. If counsel does not appear on behalf of these defendants, default will be entered against those defendants for failure to defend. Signed by Chief Judge Callie V. S. Granade on 10/16/2009. (copy to defts) (mab) |
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GPO
May 14 2010
Order re: Plf's 63 Appeal of Magistrate Judge Decision. Magistrate Judge's 61 Order is AFFIRMED as set out. Signed by Judge Callie V. S. Granade on 5/14/10. (tot) |
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GPO
Aug 24 2010
ORDER granting in part and denying in part Defendants' 92 & 102 Motions for Summary Judgment; denying plaintiff's 122 Motion to Amend Complaint; and finding as moot plaintiff's 106 Motion to Strike certain expert testimony. Signed by Judge Callie V. S. Granade on 08/24/2010. (mab) |
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GPO
Oct 27 2010
ORDER STAYING CASE as to Counts Counts I, II, III, VII, VIII, IX, XIII, XIV, XV,XVI, XVII, XVIII, XX and XXI; and finding that plaintiff P&W is entitled to a net claim of $695,000 plus prejudgment interest from the defendant Allen Boykin. Boykin Trust, Cello, and Jack Boykin are ORDERED to notify the court within thirty (30) days of the resolution of their respective bankruptcy proceedings or lift of stay, whichever occurs first. Signed by Judge Callie V. S. Granade on 10/27/2010. (mab) |
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GPO
Nov 08 2010
ORDER granting 184 Motion for Reconsideration, vacating portion of 182 Order pertaining to Count XX, and refraining from entering judgment on Count XX until the Bankruptcy Court makes a determination as to the interaction between the automatic stay and Count XX. Signed by Judge Callie V. S. Granade on 11/8/2010. (mab) |
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GPO
Feb 03 2011
ORDER denying Allen Boykin's 186 motion to alter, amend, or vacate this court's October 27, 2010, order. Signed by Judge Callie V. S. Granade on 2/3/2011. (mab) |
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GPO
Feb 03 2011
Order, this court finds that the plaintiff P&W is entitled to (1) recover a net claim of $700,000.00 plus prejudgment interest against Boykin Trust as to Counts I, II, and III; (2) recover a net claim of $399,923.00 plus pre-judgment interest against Jack Boykin as to Counts VII, VIII and IX; (3) recover a net claim of $510,000 against Lois Boykin as to Counts XIII, XIV and XV; (4) recovera net claim of $40,000.00 plus pre-judgment interest against Allen W. Boykin as to Counts XIII, XIV, XV, and XIX; (5) recover a net claim of $655,000.00 from Allen Boykin as to Count XVI, XVII, XVIII, and XIX; and (6) recover a net claim of $10,431,560.50 from Allen Boykin and Lois Boykin, jointly and severally, as to Count XX. P&W, however, is only entitled to recover from Cello, Boykin Trust, Allen Boykin, Jack Boykin, and Lois Boykin, jointly and severally, anet total amount of $10,431,560.50 for both the above six findings and for the jury award in the previous litigation. Signed by Judge Callie V. S. Granade on 2/3/2011. (mab) |
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GPO
Feb 03 2011
JUDGMENT is entered in favor of Forest Technologies, and against Parsons & Whittemore Enterprises Corporation. Forest Technologies' costs are to be taxed against the plaintiff. Plaintiff's claims against Vesta Venture, LLC and Elisa Boykin are DISMISSED WITH PREJUDICE. Each party shall bear her or its own costs. JUDGMENT is entered in favor of Parsons & Whittemore Enterprises Corporation, against Cello Energy, LLC, Boykin Trust, Allen Boykin, Jack Boykin and Lois Boykin, jointly and severally. Parsons & Whittemore Enterprises is awarded a net total amount of $10,431,560.50. Costs are to be taxed against the defendants. Signed by Judge Callie V. S. Granade on 2/3/2011. (mab) |