Wells Fargo Bank, National Association v. Ronnie Gilley Construction Ozark, Inc., et al
Filing
31
CONSENT JUDGMENT directing that (1.) The 30 Joint Motion is GRANTED; (2.) As of December 27, 2011, Defendants are obligated to Plaintiff in the amount of $137,725.25, consisting of $108,920.36 in principal, $14,317.92 in accrued inte rest, $1,332.02 in late fees and $13,154.95 in attorneys' fees and costs, as further set out; (3.) Judgment is hereby GRANTED in favor of Wells Fargo Bank, National Association, successor-by-merger to Wachovia Bank, National Associatio n and against defendants Ronnie Gilley Construction Ozark, Inc. and Ronald E. Gilley, jointly and severally, as further set out; (4.) The Parties are to bear their own costs; (5.) Plaintiff shall be entitled to recover post-judgment interest from Def endants, as further set out; (6.) This Court retains jurisdiction over this matter, as further set out. Signed by Honorable Judge Myron H. Thompson on 1/10/12. (Attachments: # 1 Civil Appeals Checklist)(scn, ) (Furnished to Calendar and AG.)(Term'd: Final PTC 05/18/2012 and Non-Jury Trial 06/18/2012)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF ALABAMA
Southern Division
WELLS FARGO BANK,
NATIONAL ASSOCIATION,
successor by merger to Wachovia
Bank, National Association,
Plaintiff,
v.
RONNIE GILLEY
CONSTRUCTION OZARK, INC
and RONALD E. GILLEY,
Defendants.
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CIVIL ACTION NUMBER:
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1:11-cv-00330-MHT-WC
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(WO)
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CONSENT JUDGMENT
This matter comes before the Court on the Complaint filed by Wells Fargo
Bank, National Association, successor-by-merger to Wachovia Bank, National
Association (hereinafter “Plaintiff”) against the defendants Ronnie Gilley
Construction Ozark, Inc. and Ronald E. Gilley (collectively, “Defendants”), and
the Joint Motion For Entry of Consent Judgment (the “Joint Motion”) filed by the
parties.
Based upon the request of the parties, and for good cause shown, the Court
hereby ORDERS, ADJUDGES, and DECREES that:
1.
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The Joint Motion (Doc. No. 30) is GRANTED.
2.
As of December 27, 2011, Defendants are obligated to Plaintiff in the
amount of $137,725.25, consisting of $108,920.36 in principal, $14,317.92 in
accrued interest, $1,332.02 in late fees and $13,154.95 in attorneys’ fees and costs.
Interest continues to accrue on the Defendants’ obligations at the rate of $33.67 per
diem.
3.
National
Judgment is hereby GRANTED in favor of Wells Fargo Bank,
Association,
successor-by-merger
to
Wachovia
Bank,
National
Association and against defendants Ronnie Gilley Construction Ozark, Inc. and
Ronald E. Gilley, jointly and severally, in the amount of ONE HUNDRED
THIRTY-EIGHT THOUSAND, ONE HUNDRED NINTY-SIX AND 63/100
DOLLARS ($138,196.63).1
4.
The parties are to bear their own costs.
5.
Plaintiff shall be entitled to recover post-judgment interest from
Defendants at the legal contractual rate of 11.3 percent (11.3%), accruing at $33.67
per diem, plus reasonable attorneys’ fees and expenses incurred in executing and
collecting on this judgment.
6.
This Court retains jurisdiction over this matter for the purposes of
handling any motions or other matters relating to the enforcement and collection of
1
As of December 27, 2011, Ronnie Gilley Construction Ozark, Inc. and Ronald E. Gilley owed Wells Fargo Bank,
National Association, $137,725.25, with interest accruing at the rate of $33.67 per diem. Consequently, as of
January 10, 2012, Ronnie Gilley Construction Ozark, Inc. and Ronald E. Gilley owe Wells Fargo Bank, National
Association $137,725.25 + ($33.67 x 14 days) = $138,196.63.
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the Consent Judgment, and making an award of attorneys’ fees to the Plaintiff for
its future collection costs, if any. This case is closed.
SO ORDERED this the 10th day of January, 2012,
/s/ Myron H. Thompson
United States District Court Judge
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