Wells Fargo Bank v. Max Keith Norman Residential Design, Inc. et al (JOINT ASSIGN)(MAG2)

Filing 22

CONSENT JUDGMENT: ORDERED, ADJUDGED, and DECREED that: 1. The joint motion for entry of consent judgment and order (doc. no. 21 ) is granted. Judgment is entered in favor of plaintiff Wells Fargo Bank, National Association, and against defendants Ma x Keith Norman Residential Design, Inc., Max Keith Norman, and Hope M. Norman, jointly and severally, in the amount of $122,838.51. 3. Defendants' counterclaim (doc. nos. 10 , 15 ) is dismissed with prejudice. 4. The costs of this actio n are taxed as paid. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 11/7/2016. (Attachments: # 1 Civil Appeals Checklist) (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WELLS FARGO BANK, National )
Association,
)
)
Plaintiff,
)
)
v.
)
)
MAX KEITH NORMAN
)
RESIDENTIAL DESIGN, INC., )
MAX KEITH NORMAN, and HOPE )
M. NORMAN,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv736-MHT
(WO)

CONSENT JUDGMENT
This cause is before the court on the “Joint Motion
for Entry of Consent Judgment and Order” (doc. no. 21)
filed

by

plaintiff

Wells

Fargo

Bank,

National

Association ("Wells Fargo") and defendants Max Keith
Norman Residential Design, Inc. ("MKN"), and Max Keith
Norman and Hope M. Norman (collectively, the "Normans,"
and

together

with

MKN,

"Defendants").

Upon

due

consideration of the parties' filings and the pleadings
in this action, the court finds that the motion should
be granted.

Accordingly, it is ORDERED, ADJUDGED, and DECREED
as follows:
Findings of Fact
1.

In

monetary

2008

loans

and
to

2009,
MKN,

Wells

which

Fargo
were

made

certain

unconditionally

guaranteed by the Normans.
2.

Pursuant

to

the

loan

documents,

Wells

Fargo

agreed to loan MKN certain sums of money in exchange
for Defendants' promise to make payments to Wells Fargo
in return.
3.

Defendants

failed

to

repay

Wells

Fargo

as

agreed under the loan documents.
4.

Accordingly,

on

April

3,

2015,

Wells

Fargo

demanded payment of all amounts due by Defendants under
the loan documents.
5.

Despite

Wells

Fargo's

demand

for

payment,

Defendants failed to repay Wells Fargo any amounts due
under the loan documents.
6.

Accordingly,

Wells

Fargo

filed

a

complaint

(doc. no. 1) with this court on October 6, 2015 seeking
2

recovery of $116,057.22, together with and including,
without limitation, all attorneys' fees and court costs
incurred by Wells Fargo in enforcing its rights under
the loan documents.
7.

Defendants

filed

an

answer

and

counterclaim

(doc. no. 10) on October 29, 2015, which was amended on
November 24, 2015 (docs. no. 15).
8.

Defendants consent to entry of judgment against

them for $122,838.511, with interest to run on said
judgment at the applicable post-judgment rate.

Relief
Based on the above findings of fact, the record in
this

case,

requested

by

and

Defendants'

the

plaintiff,

consent
it

is

to

the

further

relief
ORDERED,

ADJUDGED, and DECREED that:
1.
and

The joint motion for entry of consent judgment
order

(doc.

no.

21)

is

granted.

1.
This amount is greater than the amount sought
in the complaint due to accruing interest.
3

2.
Fargo

Judgment is entered in favor of plaintiff Wells
Bank,

National

Association,

and

against

defendants Max Keith Norman Residential Design, Inc.,
Max

Keith

Norman,

and

Hope

M.

Norman,

jointly

and

severally, in the amount of $122,838.51.
3.

Defendants' counterclaim (doc. nos. 10, 15) is

dismissed with prejudice.
4.

The costs of this action are taxed as paid.

The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is closed.
DONE, this the 7th day of November, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE