6:24-cv-06018•Helena Agri-Enterprises, LLC v. Ellington Enterprises, Inc. et al
Helena Agri-Enterprises, LLC v. Ellington Enterprises, Inc. et al
6:24-cv-06018Arwd16 apr 2025
Testo completo
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
Case 6:24-cv-06018-SOH Document 29 Filed 04/16/25 Page 1 of 4 PageID #:
<pageID>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 2 Case 6:24-cv-06018-SOH Document 29 Filed 04/16/25 Page 2 of 4 PageID #: <pageID>
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 3 Case 6:24-cv-06018-SOH Document 29 Filed 04/16/25 Page 3 of 4 PageID #: <pageID>
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 4 Case 6:24-cv-06018-SOH Document 29 Filed 04/16/25 Page 4 of 4 PageID #: <pageID>
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.