BRANCH BANKING AND TRUST COMPANY v. ALONAN MANUFACTURING INC et al

Filing 24

ORDER GRANTING 23 Motion for Summary Judgment. Crowe is liable for $186,194.96, which includes principal due on the Notes, accrued interest to date, bank fees, and attorneys' fees. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/21/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
BRANCH BANKING AND TRUST
COMPANY,

)
)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
ALONAN MANUFACTURING, INC., et
al.,
Defendants.

CIVIL ACTION NO. 5:15-CV-301 (MTT)

ORDER
Plaintiff Branch Banking and Trust Company (“BB&T”) has moved for summary
judgment against Defendant Donald L. Crowe. (Doc. 23). Crowe has not responded to
the motion. Nevertheless, courts “cannot base the entry of summary judgment on the
mere fact that the motion was unopposed, but, rather, must consider the merits of the
motion.” United States v. One Piece of Real Prop. Located at 5800 74th Ave., Miami,
Fla., 363 F.3d 1099, 1101 (11th Cir. 2004). The Court has reviewed the motion and the
supporting evidentiary materials, and it is clear that summary judgment is appropriate.
Accordingly, the motion is GRANTED.
The evidence submitted shows Crowe is liable for $129,062.41 on Note 11 and
$42,923.46 on Note 22 as of the date of this Order. Crowe is liable for attorneys’ fees in

1

$92,452.90 – unpaid principal
$5,585.17 – accrued interest as of April 13, 2016
$30,106.78 – bank fees
$917.56 – $13.298 per diem interest from April 13, 2016 to June 21, 2016. (Doc. 23-3 at ¶ 11).

2

$39,624.82 – unpaid principal
$2,535.73 – accrued interest as of April 13, 2016
$288.19 – bank fees

the amount of $9,920.56 for Note 1 and $4,288.53 for Note 2, which is 15% of the first
$500.00 of the outstanding principal and interest, plus 10% of the remaining principal
and interest.
Therefore, Crowe is liable for $186,194.96, which includes principal due on the
Notes, accrued interest to date, bank fees, and attorneys’ fees.
SO ORDERED, this 21st day of June, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

$474.72 – $6.880 per diem interest from April 13, 2016 to June 21, 2016. (Doc. 23-3 at ¶ 12).