Crop Production Services, Inc. v. Southland Seed & Grain, LLC et al
OPINION. Signed by Honorable Judge Myron H. Thompson on 1/8/2014. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CROP PRODUCTION SERVICES,
INC., a Delaware
SOUTHLAND SEED & GRAIN,
LLC, an Alabama limited
BASIL LASHAUN MCLAUGHLIN,
a citizen of Alabama;
and CHAD THRASH, a citizen
CIVIL ACTION NO.
Plaintiff Crop Production Services, Inc., filed this
lawsuit against defendants Southland Seed & Grain, LLC,
several state-law claims arising from the alleged failure
to pay for goods and services ordered and received from
Jurisdiction is proper pursuant to 28
U.S.C. § 1332 (diversity).
This lawsuit is now before the
court on Crop Production's motion for default judgment
against all defendants, seeking a judgment in the amount
of $ 156,220.86, plus interest.
Crop Production perfected service of the summons and
complaint on each defendant on or before October 15, 2013.
See Proofs of Service (Doc. Nos. 4, 10, and 11).
Production filed the pending motion for default judgment
on November 26, 2013.
Attached to the motion is the
affidavit of Barb Meyer, Crop Production's "Georgia Area
Meyer Aff. at
2 (Doc. No. 17-1).
states: "As of November 20, 2013, the total account debt
owed to CPS by Southland was $ 149,564.59.
This amount is
comprised of $ 110,907.45, principal, and $ 38,657.14,
contract rate of $ 55.4537 per day after November 20,
Meyer also states that, under the
Production and the subject guaranty, Crop Production is
reasonable attorney's fees.'"
attached to the motion is the affidavit of counsel for
Crop Production as to the costs of collection incurred by
"The total fees and expenses ... through
November 26, 2013, are $ 6,656.27."
"defendants ... show cause, if any there be, in writing by
December 20, 2013, as to why Crop Production Services,
Inc.'s motion for default judgment should not be granted."
Order at 1 (Doc. No. 18) (internal citation omitted).
court "informed [defendants] that if they fail[ed] to
respond within the time allowed, judgment by default in
the full amount requested will be entered against them."
The December 20 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, each defendant was 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 judgment should not be entered
Moreover, the evidence establishes that
judgment should be entered against the defendants in the
amount requested ($ 149,564.59 + 6,656.27 = $ 156,220.86),
Accordingly, this court is of the opinion
that Crop Production's motion for default judgment should
be granted and that judgment of default as to the amount
requested, plus interest, should be entered against each
A judgment will be entered in accordance with this
DONE, this the 8th day of January, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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