Birts et al v. Estate Plan Inc.,, No. 4:2008cv04047 - Document 40 (W.D. Ark. 2009)

Court Description: FINAL JUDGMENT granting default judgment in favor of Darlene M. Orben, James P. Birts, Nate S. Orben against The Estate Plan, Inc. as set forth in this judgment. Signed by Honorable Harry F. Barnes on March 16, 2009. (cap)
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JAMES P. BIRTS, NATE S. ORBEN, ) and DARLENE M. ORBEN, Individually, and ) as Representatives of Others Similarly Situated ) ) PLAINTIFFS ) ) vs. ) ) THE ESTATE PLAN, INC. ) ) DEFENDANTS ) Case 4:08-cv-04047-HFB FINAL JUDGMENT CONTEMPORANEOUSLY HEREWITH the Court has entered an Order Granting Plaintiffs’ Motion for Default Judgment Against The Estate Plan, Inc. Consistent with the Order Granting Plaintiffs’ Motion for Default Judgment Against The Estate Plan, Inc., the Court orders that Plaintiffs’ recover as follows against The Estate Plan, Inc.: 1. Compensatory damages in the amount of $2,501,400.00; 2. Exemplary damages in the amount of $10,005,600.00; 3. Attorneys fees in the amount of $4,169,000.00 to be awarded out of the common 4. Non-taxable costs pursuant to Fed. R. Civ. P. 23; and 5. Post-judgment interest as specified by 28 U.S.C. § 1961. fund; This is a Final Judgment. SIGNED this 16th day of March, 2009. /s/ Harry F. Barnes Hon. Harry F. Barnes U.S. District Court