USA v. Lewis et al

Filing 11

ORDER granting 7 plaintiff's motion for summary judgment; and, directing the United States to submit a precedent for judgment for the debt owed to plaintiff on the Borrower's promissory notes. Signed by Judge Susan Webber Wright on 5/20/2011. (thd)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION UNITED STATES OF AMERICA Plaintiff V. EPHRON H. LEWIS AND DORIS J. LEWIS; LEWIS & SON RICE PROCESSING CORPORATION, An Arkansas Corporation; ENTERPRISE CORPORATION OF THE DELTA; ARKANSAS LAND AND FARM DEVELOPMENT CORPORATION; and TEEL MARKETING SERVICES, INC. Defendants * * * * * * * * * * * * * * * * * NO: 2:10CV00105 SWW ORDER The U.S. Department of Agriculture (USDA), Rural Development (RD), formerly Farmers Home Administration, made loans to the defendants Ephron H. Lewis, Doris J. Lewis and Lewis & Son Rice Processing Corporation (Borrowers). This is an action brought by the plaintiff to recover judgment in personam against the borrowers on their promissory notes, to foreclose a real estate mortgage on real property in Cross County and to enforce a security interest in farm equipment and machinery which secure payment of the notes. Before the Court is the plaintiff’s motion for summary judgment (docket entry #7). Defendants have responded that they do not oppose plaintiff’s motion (docket entry #10). IT IS THEREFORE ORDERED that Plaintiff’s motion for summary judgment (docket entry #7) is GRANTED. The United States is directed to submit a precedent for judgment for the debt owed to plaintiff on the Borrowers’ promissory notes, including any deficiency remaining after sale of the collateral, foreclosure of plaintiff’s real estate mortgage and enforcement of its security interest in the subject equipment and machinery. IT IS SO ORDERED THIS 20TH DAY OF MAY, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2

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