Sterling Bank v. Herrod et al

Filing 38

JUDGMENT, in accordance with two opinions 36 & 37 issued today, it isthe ORDER, JUDGMENT, and DECREE of the court asfollows: (1) Plf Sterling Bank's 25 motion for summaryjudgment against defendant Joseph L. Herrod is granted; (2) plf Ster ling Bank's 26 MOTION for Default Judgment against def Brobst Medical, Inc. is granted; (3) plf Sterling Bank's 27 MOTION for Default Judgment against Chandler & Alecia, Inc. is granted; (4) judgment is entered in favor of plf S terling Bank and against defs Herrod, Brobst Medical, Inc., and Chandler & Alecia, Inc., Joseph L. Herrod; in favor of Sterling Bank against Brobst Medical, Inc., Chandler & Alecia, Inc.; (5) on the guaranties to pay PriMed Physicians, Inc.'s no te, plf Sterling Bank shall recover from defs Herrod, Brobst Medical, Inc., and Chandler & Alecia, Inc., money damages in the total amount of $ 801,631.34 (which includes the principal amount of $ 783,295.96, plus accrued interest of $ 17,835.38, and late fees of $ 500.00), plus interest accruing at $ 92.47 per day from 11/7/2015, attorneys fees of $ 40,081.57, and reasonable costs; (6) on the guaranties to pay PriMed Physicians, Inc.'s credit card, plf Sterlin g Bank shall recover from defs Herrod, Brobst Medical, Inc., and Chandler & Alecia, Inc., money damages in the amount of $ 5,457.49, plus attorneys' fees of $ 272.87 and reasonable costs ; (7) On the guaranty to pay the note of Centra l Alabama Primary Care Specialists, LLLP, plf Sterling Bank shall recover from def Herrod money damages in the amount of $ 1,180,371.78 (including the principal amount of not less than $ 1,162,192.06, plus accrued interest of $ 16,679. 72, and late fees of $ 1,500.00), plus interest accruing at $ 137.85 per day from 11/7/2015, attorneys fees of $ 59,018.59, and reasonable costs; (8) Court costs are taxed against defs Herrod, Brobst Medical, Inc., and Chandler & Aleci a, Inc., which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 2/19/16. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

STERLING BANK, a Division )
of Synovus Bank, a Georgia )
banking corporation,
)
)
Plaintiff,
)
)
v.
)
)
JOSEPH L. HERROD, an
)
individual, BROBST
)
MEDICAL, INC., an Alabama )
corporation, and
)
CHANDLER & ALECIA, INC.,
)
an Alabama corporation,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv540-MHT
(WO)

JUDGMENT
In accordance with two opinions issued today, it is
the

ORDER,

JUDGMENT,

and

DECREE

of

the

court

as

follows:
(1) Plaintiff Sterling Bank’s motion for summary
judgment against defendant Joseph L. Herrod (doc. no.
25) is granted.

(2) Plaintiff Sterling Bank’s motion for default
judgment against defendant Brobst Medical, Inc. (doc.
no. 26) is granted.
(3) Plaintiff Sterling Bank’s motion for default
judgment

against

defendant

Chandler

&

Alecia,

Inc.

(doc. no. 27) is granted.
(4)
Sterling

Judgment
Bank

and

is

entered

against

in

favor

defendants

of

plaintiff

Herrod,

Brobst

Medical, Inc., and Chandler & Alecia, Inc.
(5) On the guaranties to pay PriMed Physicians,
Inc.’s note, plaintiff Sterling Bank shall recover from
defendants Herrod, Brobst Medical, Inc., and Chandler &
Alecia,

Inc.,

money

damages

in

the

total

amount

of

$ 801,631.34 (which includes the principal amount of
$ 783,295.96, plus accrued interest of $ 17,835.38, and
late

fees

of

$ 500.00),

plus

interest

accruing

at

$ 92.47 per day from November 7, 2015, attorneys’ fees
of $ 40,081.57, and reasonable costs.
(6) On
Inc.’s

the

credit

guaranties
card,

to

pay

plaintiff
2

PriMed

Sterling

Physicians,
Bank

shall

recover from defendants Herrod, Brobst Medical, Inc.,
and

Chandler

&

Alecia,

Inc.,

money

damages

in

the

amount of $ 5,457.49, plus attorneys’ fees of $ 272.87
and reasonable costs.
(7) On the guaranty to pay the note of Central
Alabama

Primary

Care

Specialists,

LLLP,

plaintiff

Sterling Bank shall recover from defendant Herrod money
damages in the amount of $ 1,180,371.78 (including the
principal amount of not less than $ 1,162,192.06, plus
accrued

interest

$ 1,500.00),

of

$ 16,679.72,

plus

and

interest

late

fees

accruing

of
at

$ 137.85 per day from November 7, 2015, attorneys’ fees
of $ 59,018.59, and reasonable costs.
(8)

Court

costs

are

taxed

against

defendants

Herrod, Brobst Medical, Inc., and Chandler & Alecia,
Inc., which execution may issue.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

Procedure.
3

as

a

Federal

final
Rules

judgment
of

Civil

This case is closed.
DONE, this the 19th day of February, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE