Washington Mutual Bank v. Prosch, et al

Filing 71

Order, After reviewing plaintiff's 70 accounting and in light of there being no opposition filed, the court finds that plaintiff is entitled to final judgment in the amount of $97,372.14 consisting of $84,975.95 plus the pre-judgment interest and costs requested by plaintiff. Judgment will be entered by separate order. Signed by Judge Callie V. S. Granade on 2/25/2011. (mab)

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

CHICAGO TITLE INSURANCE COMPANY, as assignee of WASHINGTON MUTUAL BANK Plaintiff, v. GERALD LLOYD PROSCH, Defendant.

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CIVIL ACTION NO. 08-00204-CG-C

ORDER This matter is before the court on plaintiff=s Accounting of Interest, Fees, and Costs (Doc. 70). On January 26, 2011, the court granted summary judgment in favor of plaintiff in the amount of $84,975.95 plus interest, fees, and costs. (Doc. 69). In the order granting summary judgment, the court also ordered plaintiff to file an accounting of interest and fees and costs it believes it is entitled to and the court ordered defendant to respond to that accounting on or before February 16, 2011, with plaintiff's reply being due by February 23, 2011. (Doc. 69). Plaintiff filed its accounting on February 9, 2011, and to date no response has been filed. Plaintiff's accounting states that it is entitled to pre-judgment interest in the amount of $12,348.29 and costs in the amount of $47.90. After reviewing plaintiff's accounting and in light of there being no opposition filed, the court finds that plaintiff is entitled to final judgment in the amount of $97,372.141 consisting of $84,975.95 plus the pre-judgment interest and costs

Plaintiff's Accounting actually requests a total judgment in the amount of $97,420.04. However, the court has added the amounts requested and calculated the total amount to be $97,372.14. It appears that

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requested by plaintiff. Judgment will be entered by separate order. DONE and ORDERED this 25th day of February, 2011. /s/ Callie V. S. Grande UNITED STATES DISTRICT JUDGE

plaintiff's counsel added the costs requested of $47.90 twice to come up with their total figure.

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