Case 2:10-cv-00351-SA Document 59 Filed 09/23/11 Page 1 of 1...

Case 2:10-cv-00351-SA Document 59 Filed 09/23/11 Page 1 of 1

JOSEPH C. RUST (2835)
SCOTT S. BRIDGE (12039)
KESLER & RUST
McIntyre Building, 2nd Floor
68 South Main Street
Salt Lake City, Utah 84101
Telephone: (801) 532-8000

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

ELECTRICAL CONTRACTORS, INC.

MOTION FOR ENTRY OF SUMMARY
JUDGMENT

Plaintiff,

v.
MARION ENERGY INC.
Civil No. 2:10-cv-351SA
Judge Samuel Alba
Defendant.

Plaintiff Electrical Contractors, Inc. herewith moves the court for the enter of summary
judgment as prayed for in its renewed motion for summary judgment, filed as docket no. 24. This
Motion is brought pursuant to the settlement agreement of the parties and specifically by reason of
the default by Marion Energy, Inc. in complying with the terms of the settlement agreement reached
on April 29, 2011. This Motion is supported by the affidavit of Joseph C. Rust.

DATED this 23rd day of September, 2011.

KESLER & RUST

/s/ Scott S. Bridge

Joseph C. Rust
Scott S. Bridge




MARION ENERGY INC. Civil No. 2:10-cv-351SA
Judge Samuel Alba
Defendant.

Plaintiff Electrical Contractors, Inc. (“Plaintiff”)’s Motion for Summary Judgment having
been put on hold by the parties pending the fulfillment of a settlement agreement, and the terms of
the settlement agreement not having been met as required therein, and for good cause appearing,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. Plaintiff’s Motion for Summary Judgment is granted. Specifically, plaintiff is
granted judgment against defendant Marion Energy, Inc. in the amount of $274,382.83, together

Case 2:10-cv-00351-SA Document 59-1 Filed 09/23/11 Page 2 of 2

with interest thereon at the rate of 18% per annum from January 30, 2009 until the date of this
judgment.

2. Plaintiff is awarded its attorneys fees in the amount of $25,340.00 and costs of court
in the amount of $1,768.09.
3. The total amount of the judgment is the sum of $443,653.30, which shall continue
to accrue interest at the rate of 18% per annum.
DATED this ____ day of ______________, 2011.
BY THE COURT:


The Honorable Samuel Alba
District Court Judge