Campbell-Sevey, Inc. v. Pacific Ethanol Imperial, LLC et al, No. 0:2008cv06284 - Document 145 (D. Minn. 2010)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATION for 144 Report and Recommendation, 121 Motion for Entry of Judgment filed by Campbell-Sevey, Inc. Plaintiff's Motion for Entry of Final Judgment Under Rule 54(b) (Doc. No. 121 ) is GRANTED as follows : 1. The Court enters final judgment under Rule 54(b) against Bateman for its Guaranty of $646,998.73 owed by Delta-T under the Payment Agreement. 2. The Court enters final judgment under Rule 54(b) against Bateman for its Guaranty of for $ 38,280.00 owed by Delta-T for extra service hours. 3. The Court enters final judgment under Rule 54(b) against Bateman for its Guaranty of $168,896.60 owed by Delta-T in interest under the Payment Agreement. (Written Opinion). Signed by Judge Donovan W. Frank on 8/2/2010. (BJS)

Download PDF
Campbell-Sevey, Inc. v. Pacific Ethanol Imperial, LLC et al Doc. 145 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Campbell-Sevey, Inc., Civil No. 08-6284 (DWF/FLN) Plaintiff, v. ORDER ADOPTING REPORT AND RECOMMENDATION Delta-T Corporation and Bateman Litwin, N.V., Defendants and Third-Party Plaintiffs. Anthony N. Kirwin, Esq., John H. Strothman, Esq., and Jonathan M. Bye, Esq., Lindquist & Vennum PLLP, counsel for Plaintiff and Counter-Defendant. Arthur G. Boylan, Esq., Michael G. Taylor, Esq., and Stephen H. Barrows, Esq., Leonard Street and Deinard, PA, counsel for Defendants, Third-Party Plaintiffs, and CounterClaimants Delta-T Corporation, Bateman Litwin N.V., Philip J. Kaplan, Esq., Anthony Ostlund Baer & Louwagie PA, counsel for Third-Party Defendants Pacific Ethanol Imperial, LLC, and Pacific Ethanol, Inc.. Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated July 16, 2010, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that Plaintiff’s Motion for Entry of Final Judgment Under Rule 54(b) (Doc. No. [121]) is GRANTED as follows: Dockets.Justia.com 1. The Court enters final judgment under Rule 54(b) against Bateman for its Guaranty of $646,998.73 owed by Delta-T under the Payment Agreement. 2. The Court enters final judgment under Rule 54(b) against Bateman for its Guaranty of for $38,280.00 owed by Delta-T for extra service hours. 3. The Court enters final judgment under Rule 54(b) against Bateman for its Guaranty of $168,896.60 owed by Delta-T in interest under the Payment Agreement. LET JUDGMENT BE ENTERED ACCORDINGLY ONLY FOR THE GUARANTIES LISTED ABOVE AND ONLY WITH RESPECT TO DEFENDANT BATEMAN LITWIN N.V., A FOREIGN CORPORATION. Dated: August 2, 2010 s/Donovan W. Frank DONOVAN W. FRANK United States District Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.