The opinion of the court was delivered by: District Judge Rebecca R. Pallmeyer
Magistrate Judge Geraldine Soat Brown
North American Salt Company having filed a Motion for Summary Judgment, a Statement of Undisputed Material Facts pursuant to Local Rule 56.1 and a Memorandum in Support of its Motion for Summary Judgment; L.P.N.D., Inc. having represented that it will not file an opposition to the Motion for Summary Judgment; the Court hereby finds and orders as follows:
1. The facts set forth in the Statement of Undisputed Material Facts filed by North American Salt Company are deemed admitted pursuant to Local Rule 56.1 (b) (3) (C).
2. North American Salt Company is a corporation organized and existing under the laws of Delaware with its principal place of business in Kansas. L.P.N.D., Inc. is a corporation organized and existing under the laws of Illinois with its principal place of business in Illinois. This court has jurisdiction over this cause under 28 U.S.C. §1332.
3. On or about November 12, 2008 L.P.N.D., Inc accepted and tendered to North American Salt Company a Purchase Agreement whereby L.P.N.D., Inc would purchase from North American Salt Company 5,000 tons of salt at $120.00 per ton. The Purchase Agreement provided for a finance charge of 18% per annum on sums not paid when due and the agreement of the Buyer to reimburse the Seller for attorney's fees and costs in connection with a default.
4. On or about March 31, 2009 and April 1, 2009 L.P.N.D, Inc. took possession of 1,189.39 tons of salt and 1,585.43 tons of salt respectively from North American Salt Company under the terms of the Purchase Agreement for which North American Salt Company invoiced L.P.N.D., Inc. $142,726.80 and $190,251.60.
5. L.P.N.D., Inc. has made no payment to North American Salt Company of any sum due under either invoice.
6. Finance charges due on the outstanding invoices equal $59,655.74 to April 1, 2010
7. North American Salt Company has incurred $24,292.64 in attorneys' fees and costs in this cause which sums are fair and reasonable.
8. The Court therefore enters judgment in favor of North American Salt Company and against L.P.N.D., Inc. in the amount of $416,926.78
Honorable Rebecca R. Pallmeyer United States ...