The United States of America for the use and benefit of Sherman Industries, Inc. v. Thorington Electrical & Construction et al

Filing 17

FINAL JUDGMENT, it is ORDERED and ADJUDGED as follows: 1) Plf's 14 Motion for Default Judgment against Thorington Electrical & Construction and Kelvin Thorington, which motion is made pursuant to FRCP 54(b) and 55 is GRANTED; 2) Judgment is EN TERED against Dft Thorington Electrical & Construction and Dft Kelvin Thorington and in favor of Plf, The United States of America, for the use and benefit of Sherman Industries, Inc. in the amount of $14,381.65, consisting of a principal balanc e of $9,590.26, accrued interest through 1/21/2009 of $1,626.61, and attorney fees in the amount of $3,164.78; 3) It is further ORDERED that costs are taxed against Thorington Electrical & Construction and Kelvin Thorington and in favo r of Plf, The United States of America for the use and benefit of Sherman Industries, Inc. for which execution may issue; 4) DIRECTING the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 54(b) of the FRCP as to P lf's claims against Thorington Electrical & Construction and Kelvin Thorington; however, this matter shall remain as pending with regard to Plf's claims against the remaining dft, Travelers Casualty & Surety Company of America. Signed by Hon. Chief Judge Mark E. Fuller on 1/29/2009. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION T H E UNITED STATES OF AMERICA F O R THE USE AND BENEFIT OF S H E R M A N INDUSTRIES, INC., P L A IN T IF F , v. T H O R IN G T O N ELECTRICAL & C O N S T R U C T IO N , et al., DEFEN DANTS. ) ) ) ) ) ) ) ) ) ) ) )

C A S E NO. 2:08-cv-674-MEF

(W O - Not Recommended for Publication)

F I N A L JUDGMENT T h is cause is before the Court on the Plaintiff's Motion for Default Judgment (Doc. # 14) against two of three defendants to this action. By this motion, Plaintiff seeks of a final ju d g m e n t pursuant to Federal Rule of Civil Procedure 54(b) on some, but not all, of its claims a g a in s t some, but not all, defendants. Because the Court finds that there is no just reason for d e la y in entry of the final judgment as to the defendants in default, the Court will grant the re lie f requested. In accordance with the prior proceedings and orders of the Court and upon th e record as a whole, it is ORDERED and ADJUDGED as follows: 1 ) Plaintiff's Motion for Default Judgment (Doc. # 14) against Thorington Electrical & Construction and Kelvin Thorington, which motion is made pursuant to Federal Rules of C iv il Procedure 54(b) and 55 is GRANTED. 2 ) Judgment is ENTERED against Defendant Thorington Electrical & Construction a n d Defendant Kelvin Thorington and in favor of Plaintiff, The United States of America,

f o r the use and benefit of Sherman Industries, Inc. in the amount of $14,381.65, consisting o f a principal balance of $9,590.26, accrued interest through January 21, 2009 of $1,626.61, a n d attorney fees in the amount of $3,164.78. 3 ) It is further ORDERED that costs are taxed against Thorington Electrical & C o n s tru c tio n and Kelvin Thorington and in favor of Plaintiff, The United States of America f o r the use and benefit of Sherman Industries, Inc. for which execution may issue. 4 ) The Clerk of the Court is DIRECTED to enter this document on the civil docket a s a final judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure as to P la in tif f 's claims against Thorington Electrical & Construction and Kelvin Thorington; h o w e v e r, this matter shall remain as pending with regard to Plaintiff's claims against the re m a in in g defendant, Travelers Casualty & Surety Company of America. D O N E this the 29 th day of January, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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