Transportation Alliance Bank Inc. v. Trax Air, LLC et al

Filing 58

ORDER adopting 57 REPORT AND RECOMMENDATIONS re 55 Second MOTION for default judgment against All Defendants filed by Transportation Alliance Bank Inc. Plaintiff's Renewed Motion for Entry of Default Judgment is granted in part and denied in part. See Order for details. Signed by Judge Paul G. Byron on 6/15/2018. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

TRANSPORTATION ALLIANCE BANK
INC.,
Plaintiff,
v.

Case No: 6:16-cv-1773-Orl-40DCI

TRAX AIR, LLC, BRYAN L. BREWER,
BRYAN L. BREWER, KATHERINE A.
BREWER and THE BRYAN L.
BREWER REVOCABLE TRUST,
Defendants.
/
ORDER
This cause is before the Court on Plaintiff's Renewed Motion for Entry of Default
Judgment (Doc. 55) filed on February 1, 2018. The United States Magistrate Judge has
submitted a report recommending that the motion be granted in part and denied in part.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed May 31, 2018 (Doc. 57), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Renewed Motion for Entry of Default Judgment (Doc. 55) is GRANTED

IN PART AND DENIED IN PART.
3.

The Motion (Doc. 55) is GRANTED as follows;

a. The Court finds that Transportation Alliance Bank, Inc. is entitled to
default judgment on Count I of the Complaint;
b. The Clerk is DIRECTED to enter judgment in favor of Transportation
Alliance Bank, Inc. and against Trax Air, LLC, Bryan L. Brewer, in his
individual capacity, and Bryan L. Brewer and Katherine A. Brewer, in
their capacities as trustees of The Bryan Brewer Revocable Trust, jointly
and severally, on Count I of the Complaint for the total amount of
$851,760.95, plus interest thereon from December 31, 2017 forward at
the rate of 18% per annum;
c. Transportation Alliance Bank, Inc. is recognized as the holder and owner
of the following instruments:
i.

The Loans (Docs. 1-1; 1-3; 1-7);

ii.

The Notes (Docs. 1-2; 1-4; 1-8);

iii.

Commercial Security Agreement (Doc. 1-5);

iv.

Piper Security Agreement (Doc. 1-9);

v.

Beechcraft Security Agreement (Doc. 1-10);

vi.

Cessna Security Agreement (Doc. 1-11);

vii.

The Brewer Guarantees (Docs. 1-12, 1-13, 1-14);

viii.

The Brewer Trust Guarantees (Docs. 1-15, 1-16, 1-17);

ix.

Pledge Agreement (Doc. 1-21); and

x.

Forbearance Agreement (Doc. 1-20);

d. The Court finds that Transportation Alliance Bank, Inc. is entitled to its
reasonable attorney fees, costs, and expenses incurred in bringing this

2

case. Transportation Alliance Bank, Inc. is directed to file a motion
quantifying those fees, costs, and expenses within 14 days of the date
of this Order.
4. The Motion (Doc. 55) is DENIED without prejudice in all other respects.
DONE AND ORDERED in Orlando, Florida on June 15, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

3