Case 5:13-cv-28160 Document 67 Filed 02/25/16 Page 1 of 2 PageID #: 482

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION
JAMES RIVER EQUIPMENT, VIRGINIA, LLC,
Plaintiff,
v.

CIVIL ACTION NO. 5:13-cv-28160

JUSTICE ENERGY COMPANY, INC.,
Defendant.

ORDER
The Court has reviewed the Defendant Justice Energy Company, Inc.’s Written Statement
Pursuant to Court’s Order (Document 64), filed on February 19, 2016, wherein the Defendant
advised the Court that it is now in compliance with the terms of the Court’s May 22, 2015 Order.
The Court has also reviewed the Joint Motion to Stay Action (Document 62), wherein the parties
advised the Court that they have agreed to a settlement of the Court’s Order (Document 11) of
January 21, 2014, under which the Defendant agreed to pay the Plaintiff the sum of $180,000, in
six monthly installments of $30,000 beginning on November 1, 2015.1 (Pl.’s Mot. to Stay, at ¶7.)
According to the parties, the Defendant made monthly payments on November 1, 2015, and
December 1, 2015. (Id.) However, the Defendant made no payments on either January 1, 2016,
or February 1, 2016.2 The Defendant subsequently made these payments on February 15, 2016.

1

The January 21, 2014 Order found the Defendant in default, and assessed a judgment of $156,112.16, along with
legal interest thereon. The Court also entered an Order (Document 51) on May 22, 2015, assessing an additional
$4,527.45 in costs against the Defendant for the Plaintiff’s fees, costs, and expenses in seeking to enforce the judgment.
2

On January 5, 2016, the Court entered a Memorandum Opinion and Order (Document 59), granting in part the
Plaintiff’s Second Motion for Contempt (Document 53), and assessing a daily fine of $30,000 until such time as the
Defendant fully complied with the terms of the Court’s Order of May 22, 2015. On the same date, the Court denied
the Plaintiff’s Motion for Imprisonment of Officers and Directors.

 Case 5:13-cv-28160 Document 67 Filed 02/25/16 Page 2 of 2 PageID #: 483

(Id. at ¶8.) Based on these recent payments, the parties agreed to move this Court to stay the
present action. (Id.)
After careful consideration, the Court ORDERS that the Joint Motion to Stay Action
(Document 62) be GRANTED and that all claims in this action against the Defendant, Justice
Energy Company, Inc., be STAYED pending the Defendant’s completion of the payment plan on
or before April 1, 2016. The Court also ORDERS that the Plaintiff advise the Court of the status
of the Defendant’s compliance with the payment plan on March 1, 2016, and April 1, 2016. The
Court further ORDERS that the ongoing sanction of $30,000 per day against the Defendant for
civil contempt, assessed pursuant to this Court’s Memorandum Opinion and Order of January 5,
2016, be STAYED pending the Defendant’s compliance with the payment plan, but automatically
REINSTATED without further order from the Court if the Defendant fails to make timely
payment pursuant to the terms of the payment plan. Finally, the Court ORDERS that judgment
be entered against the Defendant, Justice Energy Company, Inc., in favor of the United States in
the amount of one million two hundred thirty thousand dollars ($1,230,000) representing the total
amount of the sanction from the entry of the Court’s Memorandum Opinion and Order on January
5, 2016, through February 14, 2016.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record, to any
unrepresented party, and to Carol Casto, United States Attorney for the Southern District of West
Virginia.
ENTER:

2

February 25, 2016