Wells Fargo Bank, National Association v. ELR, LLC et al
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,
successor by merger to
Wachovia Bank, National
THOMAS C. ESKRIDGE,
CIVIL ACTION NO.
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.
“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.
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
Matsushita Elec. Indus. Co. Ltd. v. Zenith Radio
Corp., 475 U.S. 574, 587 (1986).
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
Eskridge defaulted on his loan obligations
Wells Fargo, as successor to Wachovia, filed this
Edwards was not named as a defendant, and Wells
Fargo has already obtained a default judgment against ELR.
Eskridge filed an answer in this matter, admitted all
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.
reflects the outstanding principal, accrued interest, late
fees, search fees, and attorneys fees and costs provided
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
prejudgment and postjudgment interest as well as court
DONE, this the 25th day of February, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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