Wells Fargo Bank, National Association v. Martinez, Inc. et al

Filing 27

MEMORANDUM OPINION. Signed by Judge James H Hancock on 5/4/12. (ASL)

FILED
2012 May-04 PM 02:46
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

WELLS FARGO BANK,
NATIONAL ASSOCIATION,
successor by merger to
Wachovia Bank National
Association,
PLAINTIFF,
VS.

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)
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2:10-cv-2380-JHH

MARTINEZ, INC.;
)
MARTINEZ REALTY, INC.; and
GREGORY L. MARTINEZ,
)
DEFENDANTS.

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MEMORANDUM OPINION

The court has before it the Motion (Doc. #21) for Summary Judgment of Wells
Fargo Bank, N.A., successor-by-merger to Wachovia Bank, National Association
(“Wells Fargo”) filed on March 26, 2012.
Plaintiff Wells Fargo commenced this action by filing a complaint in this court
on August 31, 2010 alleging: (1) breach of contract against Martinez Realty, Inc.
under Note 1 (Count I); (2) breach of contract against Martinez, Inc. under Note 2
(Count II); (3) breach of contract against Martinez, Inc. under Note 3 (Count III); (4)

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breach of contract against Martinez, Inc. under Note 4 (Count IV); and (5) breach of
contract against G. Martinez under guarantees (Count V). On March 26, 2012,
Plaintiff Wells Fargo filed a brief and evidence1 in support of its motion for summary
judgment. (See Docs. #21, 22, 23). Defendants failed to file any brief or evidence
in opposition to Plaintiff’s Motion (Doc. #21) for Summary Judgment.2

In

accordance with the court's March 27, 2012 order (Doc. #24) the Motion (Doc. #21)
for Summary Judgment came under submission on April 24, 2012.
The court has reviewed the Motion for Summary Judgment (Doc. #21), the
brief in support of the Motion for Summary Judgment (Doc. #22), and the referenced
portions of the evidentiary material filed in support of the Motion for Summary
Judgment (Doc. #23). The court finds that the statement of facts as set forth on pages
3 through 15 of the brief (Doc. #22) is amply supported by the record evidence.
Therefore, Plaintiff Wells Fargo has carried its burden of demonstrating the absence

1

Plaintiff Wells Fargo submitted: the affidavit of Jill Stewart of Wells Fargo with
exhibits (Exhibit A) and the affidavit of Jennifer Harris Henderson of Bradley Arant Boult
Cummings LLP (Exhibit B).
2

At the request of the parties (see Doc. #14), this case was stayed by the court until
February 28, 2012. (Doc. #15). That Order directed the parties to notify the court if Defendants
defaulted under the Loan Modification Agreement. On January 23, 2012 Plaintiff notified the
court that Defendants were in default of their obligations under the Loan Modification
Agreement. (See Doc. #16). On the same day that the court lifted the stay, defense attorneys
with the law firm of Spain & Gillion, LLC filed a Motion to Withdraw. (See Docs. #17, 18). On
January 31, 2012, Garrick L. Stotser and Richard A. Bearden of the law firm of Massey, Stotser
& Nichols, PC entered their appearance as counsel of record for Defendants. (See Doc. #19).
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of any material factual dispute and that it is entitled to judgment as a matter of law as
to all claims asserted in the complaint.
A separate order will be entered.
DONE and ORDERED this 4th day of May, 2012.

SENIOR UNITED STATES DISTRICT JUDGE

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