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Asphalt Trader Limited v. Beall

United States District Court, D. Utah, Northern Division

July 30, 2018

ASPHALT TRADER LIMITED, Plaintiff,
v.
ROBERT SCOTT BEALL and TARYN CAPITAL ENERGY, LLC, Defendant.

          MEMORANDUM DECISION AND ORDER

          Dee Benson United States District Judge

         Before the Court are Defendant Robert Scott BealPs motions for leave to file an amended answer to assert affirmative defenses and for judgment on the pleadings as to Plaintiffs second cause of action. [Dkt. 41, 51]. The motions have been fully briefed and the Court finds oral argument unnecessary. Based on the written arguments of the parties and on the relevant facts and the law, the Court enters the following Memorandum Decision and Order.

         BACKGROUND

         Plaintiff Asphalt Trader Limited ("Asphalt Trader") is a corporation registered in Liberia. [Dkt. 2]. Defendant Robert Scott Beall ("Beall") resides in Ogden, Utah and is the sole principal, sole member and sole manager of Taryn Capital Energy, LLC ("Taryn"), a Utah limited liability company. [Id.]. On March 29, 2012, Asphalt Trader and Taryn entered into a contract in which Taryn would use Asphalt Trader's tanker ship to transport 69, 000 barrels of waste oil from Venezuela to Panama. The Complaint alleges that Taryn breached the contract by failing to lawfully procure and transport the waste oil. As a result, Asphalt Trader alleges that its tanker ship sat empty from April 12, to June 9, 2012, incurring port and bunkering expenses and other damages. On December 7, 2015, an arbitration hearing was held in London, England on Asphalt Trader's claims against Taryn for breach of contract. On February 12, 2016, the arbitrators issued an award in favor of Asphalt Trader and against Taryn providing the following relief:

a. Taryn shall pay forthwith to Asphalt Trader the sum of $ 1, 669, 221.64 together with interest thereon at the rate of 5% per annum compounded at three-monthly rests from August 1, 2012 until the date of payment hereunder;
b. Taryn shall bear and pay its own and Asphalt Trader's net recoverable costs of this reference, the latter of which is assessed in the sum of 206, 925 British Pounds and that it shall also bear and pay 39, 475 British pounds; and
c. Taryn shall pay Asphalt Trader interest on Asphalt Trader's costs of 206, 925 British pounds at the rate of 5% per annum compounded at three-monthly intervals from February 12, 2016.

         On May 20, 2016, Asphalt Trader moved this Court to confirm the foreign arbitration award and to enter judgment consistent with the same. On December 1, 2016, the Court granted Asphalt Trader's motion for entry of judgment. On December 5, 2016, the Court entered judgment in favor of Asphalt Trader and against Taryn as follows:

a. Taryn shall forthwith pay to Asphalt Trader the sum of $1, 669, 221.64 together with interest thereon at the rate of 5% per annum compounded every three months from August 1, 2012 until the date of payment hereunder;
b. Taryn shall bear and pay Asphalt Trader Limited's net recoverable costs in the sum of $299, 213.55;
c. Taryn shall also bear and pay its portion of the costs of the arbitration totaling $57, 080.85;
d. Taryn shall pay Asphalt Trader's interest on Asphalt Trader's costs of $299, 213.55 at the rate of 5% per annum compounded every three months from February 12, 2016.

Asphalt Trader v. Taryn Capital Energy, Case No. 1:16-cv-54-JNP, Dkt. 17.

         After obtaining the arbitrators' award and the judgment, Asphalt Traders sought payment from Taryn, but Taryn. has refused to pay any of what has been awarded and has indicated it does not have sufficient assets to pay. The Complaint alleges that "[a]round the time of the Arbitrators' award on February 12, 2016, Taryn's liabilities began to exceed its assets and Taryn was no longer able to pay its debts in the course of its operations." The Complaint alleges that Beall is responsible for ...


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