Wells Fargo Bank, N.A. v. Thorn Childcare, LLC et al
OPINION. Signed by Honorable Myron H. Thompson on 5/24/2011. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WELLS FARGO BANK, N.A.,
THORN CHILDCARE, LLC,
THORN REAL ESTATE, LLC,
and KIMBERLY RANEA THORN,
CIVIL ACTION NO.
Plaintiff Wells Fargo Bank, N.A. filed this lawsuit
Estate, LLC, and Kimberly Ranea Thorn, asserting various
state claims relating to the alleged failure to pay sums
due pursuant to a promissory note.
proper pursuant to 28 U.S.C. § 1332 (diversity).
matter is now before the court on the plaintiff’s motion
for default judgment against the defendants in the amount
of $ 188,162.37, plus interest and costs.
The plaintiff perfected service of a summons and
complaint on Kimberly Thorn on December 2, 2010, see
Proof of Service (Doc. No. 5), and on Thorn Childcare and
See Proof of
Thorn Real Estate on December 4, 2010.
Service (Doc. No. 6).
It filed the instant motion for
Attached to the motion is the affidavit of Mary Jane
Conley, a loan adjuster for the plaintiff.
¶ 1 (Doc. No. 13-1).
Conley states: “As of March 31,
$ 188,162.37, which consists of the $ 163,244.93 initial
deficiency, accrued but unpaid interest in the amount of
$ 4,623.04, and legal fees and expenses in the amount of
Id. ¶ 13.
On May 5, the court ordered that “defendants Thorn
Childcare, LLC, Thorn Real Estate, LLC, and Kimberly
Renae Thorn show cause, if any there be, in writing by
May 19, 2011, as to why plaintiff Wells Fargo Bank,
Order at 1 (Doc. No. 18) (internal citation
fail[ed] to respond within the time allowed, the court
The May 19 deadline has come and gone, but the
defendants have yet to show cause why judgment should not
be entered against them.
As detailed in the factual background provided above,
the defendants were served with a copy of the summons and
complaint; failed to respond to the summons and complaint
within the time allowed; and failed to respond timely to
an order of this court to show cause as to why final
plaintiff’s motion for entry of default judgment should
be granted and that judgment of default as to the amount
requested should be entered against the defendants.
A judgment will be entered in accordance with this
DONE, this the 24th day of May, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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