Wells Fargo Bank, National Association v. ELR, LLC et al

Filing 17

OPINION. Signed by Honorable Judge Myron H. Thompson on 12/2/13. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WELLS FARGO BANK,
NATIONAL ASSOCIATION,
successor by merger to
Wachovia Bank, National
Association,

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Plaintiff,
v.
ELR, LLC, et al.,
Defendants.

CIVIL ACTION NO.
2:13cv295-MHT
(WO)

OPINION
Plaintiff
(successor

Wells

by

Fargo

merger

to

Bank,

National

Wachovia

Association

Bank,

National

Association) filed this lawsuit against defendants ELR,
LLC, Robert A. Pike, and Thomas C. Eskridge, asserting
state-law claims relating to the alleged failure to pay
sums due pursuant to a promissory note and a guaranty.
Jurisdiction
(diversity).

is

proper

pursuant

to

28

Only Eskridge has answered.

U.S.C.

§

1332

The cause is

currently before the court on Wells Fargo’s motion for
default judgment against ELR and Pike.

The record in this case reflects that ELR and Pike
were served with copies of the summons and complaint; that
they have failed to respond to the summons and complaint
within the time allowed; and that they have failed to
respond to an order of this court to show cause as to why
final judgment should not be entered against them.
Accordingly, this court is of the opinion that Wells
Fargo’s motion for entry of default judgment should be
granted and that judgment of default as to the amounts due
pursuant to the promissory note and guaranty should be
entered against ELR and Pike as follows:

$ 372,712.13

plus

day

interest

accruing

at

$

43.10

per

between

September 6, 2013, and this date; and $ 14,586.20 as
attorneys’ fees, court costs, and collection expenses.
A judgment will be entered in accordance with this
opinion.
DONE, this the 2nd day of December, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE