Federal Deposit Insurance Corporation, As Receiver For ANB Financial, N.A. v. Talley et al

Filing 31

DEFAULT JUDGMENT in favor of Federal Deposit Insurance Corporation, As Receiver For ANB Financial, N.A. against Amritpal Kaur, Harkomal Dhaliwal, Harminder Dhaliwal, Jagtar Dhaliwal, Nahar Dhesa in the amount of $4,298,695.87 and interest at the rate of.20% per annum until paid. Signed by Honorable Jimm Larry Hendren on July 18, 2012. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
FEDERAL DEPOSIT INSURANCE CORPORATION,
AS RECEIVER FOR ANB FINANCIAL, N.A.
v.

PLAINTIFF

Civil No. 11-5252

CHRISTOPHER L. TALLEY; HARKOMAL DHALIWAL;
JAGTAR S. DHALIWAL; BHINDER MUNDI;
HARMINDER DHALIWAL; NAHAR DHESA; and
AMRITPAL KAUR

DEFENDANTS

O R D E R
Now on the 18th day of July, 2012, comes on for consideration
plaintiff’s Motion for Default Judgment (document #18) and the
Notice and Declaration of Federal Deposit Insurance Corporation as
Receiver for ANB Financial, N.A. in Connection with Motion for
Default Judgment and this Court’s Order of June 26, 2012 (document
#30). The Court, being well and sufficiently advised, finds and
orders as follows with respect thereto:
1.

On November 7, 2011, plaintiff Federal Deposit Insurance

Corporation (FDIC) filed its Complaint (document #1) alleging that
defendants, as guarantors of a note held by FDIC as receiver for
ANB Financial, N.A., had defaulted on their obligation to make
monthly payments toward the note. FDIC sought joint and several
judgments against defendants for the amount of unpaid principal,
accrued and unpaid interest, late charges and fees, and escrow
taxes, as well as post-judgment interest.
2.

Affidavits

submitted by FDIC show that service was

perfected on the defendants as follows.
*

Defendant Amritpal Kaur was personally served by a

private process server on February 6, 2012.
*

Defendant Harkomal Dhaliwal was served on February 6,

2012, by a private process server who personally delivered the
Summons and Complaint to Harkomal Dhaliwal’s daughter, a person of
suitable age and discretion residing at Harkomal Dhaliwal’s usual
place of abode, in accordance with Fed. R. Civ. P. 4(e)(2)(B).
*

Defendant Jagtar S. Dhaliwal was personally served by a

private process server on February 8, 2012.
*

Defendants

Christopher

L.

Talley,

Bhinder

Mundi,

Harminder Dhaliwal, and Nahar Dhesa were served by Warning Order
pursuant to Ark. R. Civ. P. 4(f), as authorized by Fed. R. Civ. P.
4(e)(1). The Warning Order, issued on February 29, 2012, was
published in newspapers of general circulation in Washington and
Benton Counties on March 19 and 26, 2012.
3.

Defendants Amritpal Kauer, Harkomal Dhaliwal, and Jagtar

S. Dhaliwal failed to file an answer to the Complaint or otherwise
appear within the time allowed by law after service. Likewise,
Defendants

Christopher

L.

Talley,

Bhinder

Mundi,

Harminder

Dhaliwal, and Nahar Dhesa have failed to respond to the Complaint
within thirty days of publication of the Warning Order, as required
by Ark. R. Civ. P. 4(f)(4).
4.

Default procedures are governed by Fed. R. Civ. P. 54 and

55.
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*

Rule 54(c) specifies that “default judgment must not

differ in kind from, or exceed in amount, what is demanded in the
pleadings.”
*

Rule 55(a) directs the Clerk of Court to enter the

default “[w]hen a party against whom a judgment for affirmative
relief is sought has failed to plead or otherwise defend, and that
failure is shown by affidavit or otherwise.”
*

Rule 55(b) provides two avenues for the entry of default

judgment. When the sum sought is certain, or can be made certain by
computation, the Clerk is authorized to enter judgment. In all
other cases, it is a matter for the Court to decide.
5.

The Clerk of Court entered defendants’ default on June

5, 2012.
6.

The Complaint prays for a judgment in an amount equal to

but not less than $4,218,716.67 as of November 1, 2011, which
represents
*

unpaid principal in the amount of $3,468,083.53;

*

accrued and unpaid interest in the amount of $592,857.96;

*

late charges and fees of $123,485.70; and

*

escrow taxes due in the amount of $34,289.48.

The Complaint also prays for interest continuing to accrue from
November 2, 2011, until judgment, plus post-judgment interest at
the highest rate allowed by law, as well as attorneys’ fees and
costs.
7.

Although the Motion for Default Judgment seeks costs and
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attorneys fees in an amount not originally pled in the Complaint,
the Notice and Declaration of Federal Deposit Insurance Corporation
as Receiver for ANB Financial, N.A. in Connection with Motion for
Default Judgment and this Court’s Order of June 26, 2012 (document
#30) consents to the entry of a judgment consistent with its
complaint

in

the

amount

of

$4,218,716.67

plus

additional

prejudgment interest from November 2, 2011 through the date of the
entry of judgment (calculated based on a per diem of $308.80).
8.

Based on the foregoing facts, damages should be awarded

to the plaintiff in the amount of $4,218,716.67 plus prejudgment
interest from November 2, 2011 through July 18, 2012 in the amount
of $79,979.20.
IT IS, THEREFORE, ORDERED that judgment be entered against the
defendants, and in favor of the plaintiff, with damages awarded as
follows:
*

damages in the amount of $4,218,716.67; and,

*

prejudgment interest in the amount of $79,979.20.

Said sum shall accrue post-judgment interest at the rate of .20%
until the judgment is paid in full.
IT IS SO ORDERED.

/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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