Helena Agri-Enterprises, LLC v. Ellington Enterprises, Inc. et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
HELENA AG RI-ENTERPRISES, LLC
f/k/a HELENA CHEMICAL COMPANY
vs. 	CASE NO: 6:24-cv-06018-SOH
ELLINGTON ENTERPRISES, INC.;
JEROME FARMS PARTNERSHIP;
KIM R. ELLINGTON; and
SHARON ELLINGTON
CONSENT JUDGMENT AGAINST SEPARATE
DEFENDANT ELLINGTON ENTERPRISES, INC.
PLAINTIFF
DEFENDANTS
COM ES NOW before the Court, the Complaint filed by pJaintiff HelenaAgri-Enterprises,
LLC f/k/a Helena Chemical Company ("Helena") against the separate defendants Ellington
Enterprises, Inc. ("Ellington Enterprises"), Jerome Farms Partnership, Kim R. Ellington, and
Sharon Ellington. Upon consideration of the Complaint and other filings ofrecord, and the consent
of Ellington Enterprises to the entry of this Consent Judgment as indicated by the signature of its
attorneys below, the Court hereby finds and orders as follows:
1. 	Helena filed its Complaint initiating this action on February 22, 2024. In Count I
of the Complaint, Helena alleges, among other things, that Ellington Enterprises is indebted to it
for the balance owed on an open credit account in the name of Ellington Enterprises. In Count II
of the Complaint, Helena alleges that Jerome Farms Partnership, Kim R. Ellington, and Sharon
Ellington are indebted to it for the balance owed on a separate open credit account in the name of
Jerome Farms Partnership.
2. 	As evidenced by the Notice: Suggestion of Bankruptcy filed in this action on April
11 , 2025 (Doc. No. 28), separate defendants Kim R. Ellington and Sharon Ellington filed a Chapter
11 bankruptcy petition on April 10, 2025, which bankruptcy is currently pending before the United
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States Bankruptcy Court for the Eastern District of Arkansas. Therefore, Helena's claim in Count
II of its Complaint against Kim R. Ellington, Sharon Ellington, and Jerome Farms Partnership is
stayed pursuant to 11 U.S.C. § 362(a). However, Ellington Enterprises has not filed bankruptcy,
and Helena's remaining claim, Count I ofits Complaint against Ellington Enterprises, is not stayed.
3. 	As to Count I of the Complaint, the Court now finds that as of July 25, 2024, there
remained an amount owed by Ellington Enterprises on its open credit account with Helena in the
total adjusted amount of $700,214.34, comprised of principal indebtedness of $543,465.97 and
accrned finance charges of $156,748.37. Finance charges have continued to accrue on the unpaid
principal balance after July 25, 2024 at the rate of 1.4% per month ($7,608.52 per month), which
additional finance charges total $60,868.16 through March 31, 2025.
4. 	Accordingly, the total amount owed to Helena by Ellington Enterprises through
March 31, 2025 on the open credit account of Ellington Enterprises is $761,082.50.
5. 	Ellington Enterprises is presently in default under the terms of its open credit
account with Helena.
6. 	As indicated by the signature of its counsel below, Ellington Enterprises consents
to the award by the Court to plaintiff Helena of judgment against EUington Enterprises in the total
amount of $761 ,082.50, together with post-judgment interest thereon at the applicable statutory
post-judgment interest rate until paid. Such amount is expressly inclusive of, and not in addition
to , the undisputed amount previously found to be owed by Ellington Enterprises to Helena in the
Court's Memorandum Opinion entered on April 9, 2025 (Doc. No. 27).
7. 	In accordance with Fed. R. Civ. P. 54(b), the Court expressly finds and determines
that there is no just reason for delay in the entry of final judgment with respect to the judgment
awarded herein on Helena's claim against Ellington Enterprises in Count I of its Complaint. Such
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claim is distinctly separate from Helena's remaining claim in Count II of its Complaint, which
seeks judgment against separate parties on a wholly separate credit account, involves separate facts
and evidence, and which has been stayed indefinitely by the bankruptcy filing of Kim R. Ellington
and Sharon Ellington. Upon the basis of these detem1inations, the Court hereby finds and orders,
in accordance with Fed. R. Civ. P. 54(b ), that there is no just reason for delay of the entry of a final
judgment against Ellington Enterprises and that the Court has and does hereby direct that the
judgment awarded herein shall be a final judgment for all purposes.
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED:
(a) 	That plaintiff Helena Agri-Enterprises, LLC, formerly known as Helena Chemical
Company, shall have, and is hereby awarded, final judgment on Count I of its Complaint against
the separate defendant Ellington Enterprises, Inc., in the total amount of Seven Hundred Sixty One
Thousand and Eighty Two Dollars and Fifty Cents ($761,082.50), together with post-judgment
interest thereon accrning from and after the date of entry of this Consent Judgment at the applicable
statutory rate;
(b) 	That Helena's remaining claim in Count II of its Complaint against Jerome Farms
Partnership, Kim R. Ellington, and Sharon Ellington is hereby stayed pending resolution or lifting
of the automatic stay in the bankruptcy proceeding of Kim R. Ellington and Sharon Ellington; and
(c) 	That all writs and processes authorized by law for the collection of judgments shall
issue hereon, without further application to this Cowi.
IT IS SO ORDERED.
~ 	- L •-4, ~ 	_() , dJ, ~« L.b_
HONORABLE SUSAN 0. HicKEr
CHIEF U.S. DISTRICT COURT JUDGE
+I 1~H 0 aj
DATE
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AGREED AND APPROVED AS TO FORM AND SUBSTANCE:
'%nessaCsh Adams, ABN 2007145
Zachary T. Sellers, ABN 2019052
AR Law Partners PLLC
415 N. McKinley Street, Suite 830
Little Rock Arkansas 72205
Ph: (501) 710.6500
Fax: (501) 710 .6336
vanessa 1
cl)arla,vpartners.com
zac harv rz,>ar 1a,vpart ncrs. corn
Altorn.eys for Defendants
LAX, VAUGHAN FORTSON,
ROWE & THREET, P.A.
Cantrell West Building
11300 Cantrell Road, Suite 2 01
Little Rock, Arkansas 72212
(501) 376-6565 Office
(501) 376-6666 Fax
JTowe @laxvaughan.com
tscott@laxvaughan.com
By: !L@v 	~t
Roger D. Rowe (85140)
Ralph D. Scott III (2015127)
Attorneys for Helena Agri-Enterprises, LLC
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