Wells Fargo Bank, N.A. v. RMB Investments, L.L.C. et al

Filing 15

DEFAULT JUDGMENT in favor of Wells Fargo Bank, N.A. against RMB Investments, L.L.C., in amount of $219,604.74, plus pre-judgment interest accruing between 9/5/13 & the date of judgment at the per diem rate of $37.59. Post-judgment interest shall accrue on this judgment at the rate of 0.11% per date pursuant to 28:1961 until said amount is paid in full. Signed by Judge Callie V. S. Granade on 11/4/2013. (copy mailed to RMB Investments, L.L.C., on 11/4/13) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WELLS FARGO BANK, N.A.,
Plaintiff,
vs.
RMB INVESTMENTS, L.L.C.,
ROBERT MADISON BRANNON,
Defendants.

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CIVIL ACTION NO. 13-0320-CG-N

DEFAULT JUDGMENT
This matter comes before the court on the motion for default judgment
against RMB Investments, L.L.C., (Doc. 11) filed by plaintiff, Wells Fargo Bank,
N.A., in accordance with Fed. R. Civ. P. 55(b)(2). The court, having reviewed the
motion and all supporting materials, hereby concludes that the motion is well
taken, and is due to be GRANTED.
The court makes the following factual findings in support of this order of
default judgment against defendant RMB Investments, L.L.C.:
1. Wells Fargo Bank, N.A. commenced this action on June 17, 2013, when it
filed a complaint (Doc. 1) for breach of contract, negotiable instruments, against the
defendants.
2. RMB Investments, L.L.C. executed a waiver of service of summons on
July 26, 2013 (Doc. 6).
3. RMB Investments, L.L.C. was required to answer the plaintiff’s lawsuit,
or to otherwise appear and defend this action, within 60 days after receipt of

service.
4. RMB Investments, L.L.C. failed and/or refused to file answer, or to
otherwise appear and defend this action within 60 days of service of the copies of
the summon and complaint, and the clerk entered default against the defendant on
September 23, 2013 (Doc. 14).
5. In sworn affidavits accompanying its motion, Wells Fargo Bank, N.A. has
submitted sufficient evidence as to all amounts due and owing from defendant in
regards to the indebtedness, and further, has submitted sufficient evidence to
recover its reasonable attorney fees and expenses incurred.
It is therefore ORDERED, ADJUDGED and DECREED that a default
judgment is entered against defendant, RMB Investments, L.L.C., in the amount of
$219,604.74, plus pre-judgment interest accruing between September 5, 2013, and
the date of judgment at the per diem rate of $37.59. Post-judgment interest shall
accrue on this judgment at the rate of 0.11% per day pursuant to Title 28, United
States Code, § 1961 until said amount is paid in full.
There being no further matters pending before the court, this action is hereby
closed.1
DONE and ORDERED this 4th day of November, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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Consent judgment was entered against defendant Robert Madison Brannon on August
14, 2013 (Doc. 8).

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