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

Filing 24

OPINION. An appropriate judgment will be entered granting Wells Fargo's summary-judgment motion to the extent that it may recover from Eskridge the sum of $399,829.07, plus prejudmgent and postjudgment interest as well as court cost. Signed by Honorable Judge Myron H. Thompson on 2/25/2014. (dmn, )

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.
THOMAS C. ESKRIDGE,
Defendant.

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

OPINION
Plaintiff
(successor

by

Wells

Fargo

merger

to

Bank,

National

Wachovia

Association

Bank,

National

Association), filed this lawsuit against defendant Thomas
C. Eskridge and others, asserting breach of contract and
unjust enrichment. Jurisdiction is proper under 28 U.S.C.
§ 1332 (diversity of citizenship).

Currently before the

court is Wells Fargo’s motion for summary judgment.
motion will be granted.

The

“A party may move for summary judgment, identifying
each claim or defense--or the part of each claim or
defense--on which summary judgment is sought.

The court

shall grant summary judgment if the movant shows that
there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law.”
Fed. R. Civ. P. 56(a).

The court must view the admissible

evidence in the light most favorable to the non-moving
party and draw all reasonable inferences in favor of that
party.

Matsushita Elec. Indus. Co. Ltd. v. Zenith Radio

Corp., 475 U.S. 574, 587 (1986).
The
follows.

undisputed

evidence

before

the

court

is

as

Wachovia loaned monies to Eskridge, along with

Winston W. Edwards and ELR, LLC, and Eskridge, along with
the other borrowers, executed a promissory note in favor
of Wachovia.

Eskridge defaulted on his loan obligations

to Wachovia.
Wells Fargo, as successor to Wachovia, filed this
lawsuit.

Edwards was not named as a defendant, and Wells

2

Fargo has already obtained a default judgment against ELR.
Eskridge filed an answer in this matter, admitted all
elements

of

his

liability,

and

pled

no

affirmative

defenses.
Wells Fargo has filed a motion for summary judgment.
Eskridge has notified the court that he does not oppose
the summary-judgment motion.

Moreover, the evidence is

undisputed that, as a result of his default, Eskridge owes
Wells Fargo $ 399,829.07 as of December 9, 2013.

This sum

reflects the outstanding principal, accrued interest, late
fees, search fees, and attorneys fees and costs provided
for

in

the

contract.

In

addition,

Eskridge

owes

prejudgment and postjudgment interest on that amount, plus
costs for this lawsuit.
***
An appropriate judgment will be entered granting Wells
Fargo’s summary-judgment motion to the extent that it may
recover

from

Eskridge

the

sum

3

of

$

399,829.07,

plus

prejudgment and postjudgment interest as well as court
cost.
DONE, this the 25th day of February, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE