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, )

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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, ) ) ) ) ) ) ) ) ) ) ) ) ) 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

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