Crop Production Services, Inc. v. Southland Seed & Grain, LLC et al

Filing 19

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
Corporation,
Plaintiff,
v.
SOUTHLAND SEED & GRAIN,
LLC, an Alabama limited
liability company;
BASIL LASHAUN MCLAUGHLIN,
a citizen of Alabama;
and CHAD THRASH, a citizen
of Alabama,
Defendants.

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CIVIL ACTION NO.
2:13cv615-MHT
(WO)

OPINION
Plaintiff Crop Production Services, Inc., filed this
lawsuit against defendants Southland Seed & Grain, LLC,
Basil

Lashaun

McLaughlin,

and

Chad

Thrash,

bringing

several state-law claims arising from the alleged failure
to pay for goods and services ordered and received from

Crop Production.

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).

Crop

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
Credit Manager."

Meyer Aff. at

2 (Doc. No. 17-1).

Meyer

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,
interest.

Interest

will

continue

to

accrue

at

the

contract rate of $ 55.4537 per day after November 20,
2013."

Id. at

Credit

Agreement

9.

Meyer also states that, under the

that

governed

2

the

sales

by

Crop

Production and the subject guaranty, Crop Production is
entitled

to

recover

its

"'collection
Id. at

reasonable attorney's fees.'"

expenses
10-11.

and
Also

attached to the motion is the affidavit of counsel for
Crop Production as to the costs of collection incurred by
Crop

Production.

Sumblin states:

See

Sumblin

Aff.

December

No.

17-2).

"The total fees and expenses ... through

November 26, 2013, are $ 6,656.27."
On

(Doc.

5,

2013,

the

Id. at
court

3.
ordered

that

"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).

The

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."
Id.
The December 20 deadline has come and gone, but the
defendants have yet to show cause why judgment should not

3

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
against them.

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),
plus interest.

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
defendant.
A judgment will be entered in accordance with this
opinion.
DONE, this the 8th day of January, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE