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Contract analysis / proposed-default-judgment-order.docx
proposed-default-judgment-order.docx
1012-00006 · 12 clauses
High · 4 Medium · 3 Standard · 5
I. APPEARANCE AND PROCEDURAL RECITALS High
⚑ Indemnity / guarantee obligation
I. APPEARANCE AND PROCEDURAL RECITALS Plaintiff Stonefield Logistics Group Inc. appeared at the hearing on the Motion for Default Judgment by and through its attorneys of record, Calderwood & Harkness LLP, specifically Priya Anand, Responsible Partner, and Jeffrey Park, Lead Associate, whose offices are located at 2200 Ross Avenue, Suite 3600, Dallas, Texas 75201. Counsel for Plaintiff presented argument, evidence, a
II. JURISDICTIONAL AND SERVICE FINDINGS High
⚑ Non-compete / exclusivity restraint
II. JURISDICTIONAL AND SERVICE FINDINGS The Court makes the following findings regarding jurisdiction and service: The Court finds that it has subject matter jurisdiction over this action. This case involves claims arising under the laws of the State of Texas, including breach of a written contract and enforcement of a personal guaranty, and the amount in controversy exceeds the minimum jurisdictional requirements of
III. FINDINGS ON LIABILITY Medium
⚑ Notice / time limit to track
III. FINDINGS ON LIABILITY Based upon its review of the pleadings, the affidavits, and the supporting documentary evidence, the Court makes the following findings of fact and conclusions of law regarding the liability of the Defendants: The Court finds that Plaintiff Stonefield Logistics Group Inc. and Defendant Ridgeline Freight Carriers LLC entered into a Dedicated Freight Services Agreement dated April 15, 2022 (t
IV. FINDINGS ON DAMAGES High
⚑ Penalty / liquidated damages
IV. FINDINGS ON DAMAGES The Court makes the following findings regarding the damages to which Plaintiff is entitled. A. Liquidated Damages (DFSA § 14.3). Section 14.3 of the DFSA provides that in the event of Carrier's material default and failure to cure within thirty (30) days of written notice of breach, Carrier shall pay liquidated damages equal to the greater of: (a) twenty-five percent (25%) of the remaining un
V. FINDINGS ON PRE-JUDGMENT INTEREST Medium
⚑ Notice / time limit to track
V. FINDINGS ON PRE-JUDGMENT INTEREST Plaintiff is entitled to an award of pre-judgment interest under Texas Finance Code Section 304.003, which provides for the accrual of pre-judgment interest on judgments arising from written contracts at the rate of five percent (5.00%) per annum. Pre-judgment interest accrues from the earlier of: (a) one hundred eighty (180) days after the date the defendant receives written noti
VI. FINDINGS ON ATTORNEYS' FEES Standard
⚑ Commercial term
VI. FINDINGS ON ATTORNEYS' FEES
Section 14.6 of the DFSA provides that the prevailing party in any action, proceeding, or Medium
⚑ Liability cap to check against exposure
Section 14.6 of the DFSA provides that the prevailing party in any action, proceeding, or arbitration to enforce any provision of the DFSA shall be entitled to recover its reasonable attorneys' fees and expenses, including but not limited to fees incurred in connection with trial, appeal, and post-judgment collection proceedings. Additionally, Texas Civil Practice and Remedies Code Section 38.001 authorizes the recov
VII. FINDINGS ON COURT COSTS Standard
⚑ Commercial term
VII. FINDINGS ON COURT COSTS The Court finds that Plaintiff incurred court costs in the total amount of $1,247.50, consisting of filing fees for the Original Petition, fees for issuance and service of process on both Defendants (including service through the Texas Secretary of State), and fees for certified copies of court records. The Court awards Plaintiff its court costs in the amount of $1,247.50.
VIII. JUDGMENT. Based upon the foregoing findings of fact and conclusions of law, and all Standard
⚑ Commercial term
VIII. JUDGMENT. Based upon the foregoing findings of fact and conclusions of law, and all matters of record herein: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff Stonefield Logistics Group Inc. have and recover from Defendants Ridgeline Freight Carriers LLC and Gerald Brashear, jointly and severally, the following amounts:
IX. POST-JUDGMENT INTEREST Standard
⚑ Commercial term
IX. POST-JUDGMENT INTEREST IT IS FURTHER ORDERED that post-judgment interest shall accrue on the total judgment amount of Two Million Five Hundred Forty-Five Thousand One Hundred Eighty-Eight Dollars and Sixty Cents ($2,545,188.60) at the rate of five percent (5.00%) per annum from the date of this judgment, May 3, 2024, until the judgment is paid in full, as provided by Texas Finance Code Section 304.003(c).
X. JOINT AND SEVERAL LIABILITY Standard
⚑ Commercial term
X. JOINT AND SEVERAL LIABILITY IT IS FURTHER ORDERED that the liability of Defendant Ridgeline Freight Carriers LLC and Defendant Gerald Brashear for all amounts awarded herein is joint and several. Any payment or partial payment by either Defendant shall reduce the total amount owed by both Defendants, but neither Defendant shall be released from liability until the judgment is satisfied in full.
XI. ENFORCEMENT AND EXECUTION High
⚑ Penalty / liquidated damages
XI. ENFORCEMENT AND EXECUTION IT IS FURTHER ORDERED that Plaintiff Stonefield Logistics Group Inc. shall have all writs of execution, writs of garnishment, abstracts of judgment, and all other process as may be necessary and appropriate to enforce this judgment, in accordance with the Texas Rules of Civil Procedure and applicable law. IT IS FURTHER ORDERED that this is a final, appealable judgment that disposes of al