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Date: 08-13-2012
Case Style: Holloway Wire Rope Services, Inc. v. Steve Easley d/b/a Easley Cooley Enterprises, LLC
Case Number: CJ-2012-3322
Judge: Jefferson D. Sellers
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Lynn Mundell, Tulsa, Oklahoma
Defendant's Attorney: No appearance
Description: COMBS NOW the Plaintiff Holloway Wire Rope Services, Inc., a duly created Oklahoma corporation, hereinafter referred to as “Holloway” and for its cause of action the Defendant’s Steve Easley, individually and d/b/a Easley Cooley Enterprises, hereinathr referred to as “Easley”, and does allege and state as follows:
1. That Holloway is a duly created Oklahoma corporation doing busn)e3ss in Tulsa County, State of Oklahoma. That the Defendant Easley, was a duly created Domtic Limited Liability Company in August, 2004, which status has been subsequently been canlled. That Steve Easley was the main principal and it is believed that he was the managing member. That this cause of action arose in Tulsa County and due to the cancellation status of the LLC, the Defendant Steve Easley and all other members of the LLC are individually liable.
2. That Defendant Easley contacted Holloway to deliver to Defendant’s certain materials from October 17, 2011 through February 29, 2012 on an open account. That the Defendant Easley on or about February 2, 2012 sent a check to the Plaintiff for $19,966.64 as a partial payment. That Defendant Easley’ s check was returned for insufficient hinds. A copy of the invoice detailing the materials ordered by the Defendant and delivered by the Plaintiff is attached hereto as Plaintiff’s Exhibit “A” and made an express part hereof That a copy of the returned check is attached hereto as Plaintiff’s Exhibit “B” and made an express part hereof
3. That the Plaintiff has requested payment for its materials on several occasions both verbally and in writing on or about April 18, 2012. That the Defendant’s have refused to make their insufficient funds check good or pay their bill and are in default. That the Plaintiff has acted in good faith with the Defendant’s but the Defendant’s have breached their contract with the Plaintiff.
4. That as a result of its breach of contract with the Plaintiff, the Plaintiff should be awarded a judgment against the Defendant’s for the sum of $22,929.98 plus all costs and attorney fees incurred by the Plaintiff.
WHEREFORE premises considered, the Plaintiff respectfully prays for a judgment against the Defendant’s for the sum of $22,929.98 for breach of contract plus interest from October 17, 2011, attorney fees and costs, and all other relief to which the Plaintiff may be entitled to in law or equity.
Outcome: COMES NOW the undersigned Judge of the District Court in and for Tulsa County, State of Oklahoma, on this the £8ay of ,2012 for a Default Judgment in the above styled cause. AND the Plaintiff being present in person by and through its attorney of record, Lynn A. Mundell and the Defendants appearing not having failed to answer or otherwise plead within the time prescribed in the Summons and permitted under Oklahoma law, and the Court being fully advised in the premises and pleadings herein and after having heard the announcement of counsel does enter its FINDINGS and ORDERS as follows:
1. The Court finds that this Court does have jurisdiction and venue both over the parties herein and the subject matter hereto pursuant to the laws of the State of Oklahoma.
2. The Court further finds that the Plaintiff filed its lawsuit against the Defendant on or about June 26, 2012 in Tulsa County, State of Oklahoma for the non-paymeent of money on an open account for materials delivered to the Defendants in the amount of $22,929.98. That this amount includes invoices from October 17, 2011 through November 28, 2011 and on December 1, 2011 through February 29, 2012.
Plaintiff's Experts:
Defendant's Experts:
Comments: