Wells Fargo Bank, N.A. v. Whitehawk Plantation, L.L.C. et al
OPINION. Signed by Honorable Judge Myron H. Thompson on 5/31/2011. (jg, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WELLS FARGO BANK, N.A.,
L.L.C.; and MULLINS
CIVIL ACTION NO.
This lawsuit is now before the court on plaintiff
Wells Fargo Bank, N.A.'s motion for summary judgment
Mullins Services, LLC.
Wells Fargo seeks to recover from
$ 2,080,465.66 and (2) post-judgment interest on this
amount calculated at the statutory rate.
of the Federal Rules of Civil Procedure provides that
genuine issue as to any material fact and that the movant
is entitled to judgment as a matter of law.”
Whitehawk and Mullins Services have failed to oppose
Wells Fargo’s motion for summary judgment.
undisputed evidence before the court is as follows.
Wells Fargo is the successor by merger to Wachovia Bank,
Wachovia loaned monies to Whitehawk under two non-
revolving lines of credit; to Mullins Services under two
non-revolving lines of credit; and to former co-defendant
Charles F. Mullins, Jr. under one non-revolving line of
promissory notes in favor of Wachovia to evidence their
various obligations under these lines of credit. Further,
Mullins personally and unconditionally guaranteed the
obligations of Whitehawk and Mullins Services under their
lines of credit.
After Whitehawk and Mullins Services defaulted on
agreement, the loans were modified such that Whitehawk,
severally liable for the obligations on all five loans.
Whitehawk and Mullins Services failed to pay all
amounts due and defaulted on all five loans.
As a result
of the defaults, Whitehawk and Mullins Services now owe
Wells Fargo $ 2,080,465.66 as of April 15, 2011.
figure is comprised of the amounts owed under each of the
five loans; interest accrued on the loans as of April 15;
late fees associated with the loans; and Wells Fargo’s
collection of the amounts owed under the loans.
respect to Well Fargo’s attorneys’ fees, which total
$ 33,560.60, the court notes that Whitehawk and Mullins
Services have not challenged the reasonableness of the
fees, and, after assessing the fees themselves, the court
finds no basis to question their reasonableness.
Wells Fargo is entitled to collect $ 2,080,465.66 as
well as post-judgment interest.
An appropriate judgment will be entered.
DONE, this the 31st day of May, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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