Springleaf Financial Services of Alabama, Inc. v. The F/V Whitewater et al

Filing 72

JUDGMENT entered. In accordance with the memorandum opinion and order entered on December 9, 2013 (Doc. 70), it is hereby ORDERED, ADJUDGED, and DECREED that plaintiff's motion for summary judgment (Doc. 61) is GRANTED. The plaintiff is entitle d to recover $65,010.67 under the Loan Agreement. However, the in personam defendants are entitled to an offset in the amount of $30,000.00, as explained in the Court's memorandum opinion and order (Doc. 70). Accordingly, final judgmen t shall be entered against the in personam defendants in the amount of $35,010.671 with post-judgment interest to accrue at the rate of 0.13% from this date forward. Each party shall bear his, her, or its own costs. Signed by Magistrate Judge William E. Cassady on 1/7/2014. (eec)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SPRINGLEAF FINANCIAL SERVICES OF ALABAMA, INC. f/d/b/a AMERICAN GENERAL FINANCIAL SERVICES OF ALABAMA, INC., : : : Plaintiff, : v. THE F/V WHITEWATER, her engines tackle, boilers, furniture, appurtenances, etc., IMO Number: MYN47004M81H, in rem; JOHN M. FRANCIS; MARY G. FRANCIS; and JOHN M. FRANCIS, II, in personam, Defendants. CA 12-00579-C : In Admiralty In Rem In Personam : : : : JUDGMENT In accordance with the memorandum opinion and order entered on December 9, 2013 (Doc. 70), it is hereby ORDERED, ADJUDGED, and DECREED that plaintiff’s motion for summary judgment (Doc. 61) is GRANTED. The plaintiff is entitled to recover $65,010.67 under the Loan Agreement. However, the in personam defendants are entitled to an offset in the amount of $30,000.00, as explained in the Court’s memorandum opinion and order (Doc. 70). Accordingly, final judgment shall be entered against the in personam defendants in the amount of $35,010.671 with post- 1 The in personam defendants’ motion for the entry of final judgment in the amount of $35,010.67 (Doc. 71) is hereby rendered MOOT. judgment interest to accrue at the rate of 0.13% from this date forward. Each party shall bear his, her, or its own costs.2 DONE this the 7th day of January, 2014. s/WILLIAM E. CASSADY UNITED STATES MAGISTRATE JUDGE 2 Neither fees nor costs will be awarded in this matter as a properly supported motion seeking fees and costs was not filed by December 30, 2013, as ordered by the Court (Doc. 70 at 16).

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