De Lage Landen Financial Services, Inc. v. Cedar Lake Oncology, LLC et al

Filing 41

ORDER and JUDGMENT granting 40 Motion for Judgment: ORDERED that DLL shall recover from these defendants $3,262,062.70 plus attorneys fees and costs. There is no just reason for delay, and that final judgment should be entered in favor of DeLa ge Landen Financial Services, Inc., against Cedar Lake Oncology, LLC, Biloxi Radiation Oncology Center, LLC, and Laurence G. Lines; that Cedar Lake Oncology, LLC, Biloxi Radiation Oncology Center, LLC, and Laurence G. Lines shall voluntarily surrende r possession of the equipment by 5/31/11 and waive any bonding requirement, with Cedar Lake Oncology, LLC, Biloxi Radiation Oncology Center, LLC, and Laurence G. Lines to bear all costs of DLLs repossession of the equipment; and that DeLage Landen Financial Services, Inc.s claims against Defendant Eric Dahlhauser remain pending. Signed by Chief District Judge Louis Guirola, Jr. on 5/24/11 (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION

DE LAGE LANDEN FINANCIAL
SERVICES, INC.,
Plaintiff,
v.
CEDAR LAKE ONCOLOGY, LLC;
BILOXI RADIATION ONCOLOGY
CENTER, LLC; LAURENCE G.
LINES; and ERIC DAHLHAUSER
Defendants.

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CIVIL NO. 1:10cv567 LG-RHW

ORDER AND JUDGMENT
THIS MATTER comes before the Court on De Lage Landen Financial
Services, Inc.’s (“DLL”) Motion for Judgment [40]. After considering the motion, the
Court finds the Motion for Judgment is well-taken and should be granted. The
Court finds and rules as follows:
1.

The Court granted DLL’s Motion for Writ of Replevin [Doc. 2] and

Supplemental Motion for Writ of Replevin [Doc. 26] on January 12, 2001. On May
9, 2011, the Court entered the Consent Decree [Doc. 39] (the “Consent Decree”) at
the joint request of DLL and Defendants Cedar Lake Oncology, LLC (“Cedar Lake”),
Biloxi Radiation Oncology Center, LLC (“Biloxi Radiation”), and Laurence G. Lines
(“Lines”) (collectively, the “Consent Decree Defendants”);

2.

DLL and the Consent Decree Defendants do not object to the

jurisdiction of this Court over the parties. DLL and Consent Decree Defendants
agree that the Consent Decree is fair, reasonable, and does not violate the law or
public policy;
3.

The Consent Decree Defendants failed to make payments totaling

$232,907.12, $112,907.12 of which was due on or before May 1, 2011 and $120,000
of which was due on or before May 5, 2011 pursuant to the Consent Decree. DLL
provided notice to the Consent Decree Defendants of their failure to fulfill their
obligations under the Consent Decree and DLL provided notice of its intent to
retrieve the equipment from the Consent Decree Defendants;
4.

The Consent Decree Defendants agreed that if any payment was more

than fifteen (15) days late, judgment could be entered against them for the full
amount due at the time, including attorney’s fees, plus a final judgment for DLL to
have possession of the equipment.
5.

The Consent Decree Defendants have defaulted on their lease

agreements with DLL. The Consent Decree Defendants have also not fulfilled their
obligations under the Consent Decree. Namely, the Consent Decree Defendants
have not paid the $120,000 due within five days of the execution the Consent
Decree, have not paid the $47,178.62 May lease payment, and have not paid the
$65,728.50 due for their April lease payment and March and April past due monthly
payments. The Consent Decree Defendants have also not provided proof of personal
property insurance, granted a deed of trust to DLL, or signed a debt subordination

agreement, all of which the Consent Decree Defendants agreed to do pursuant to
the Consent Decree.
THEREFORE, IT IS ORDERED that DLL’s Motion for Judgment [40]
against Cedar Lake Oncology, LLC, Biloxi Radiation Oncology Center, LLC, and
Laurence G. Lines is GRANTED, and DLL shall recover from these defendants
$3,262,062.70 plus attorney’s fees and costs. The Court expressly determines that
there is no just reason for delay, and that final judgment should be entered in favor
of DeLage Landen Financial Services, Inc., against Cedar Lake Oncology, LLC,
Biloxi Radiation Oncology Center, LLC, and Laurence G. Lines pursuant to Fed. R.
Civ. P. 54(b).
IT IS FURTHER ORDERED that Cedar Lake Oncology, LLC, Biloxi
Radiation Oncology Center, LLC, and Laurence G. Lines shall voluntarily surrender
possession of the equipment by May 31, 2011 and waive any bonding requirement,
with Cedar Lake Oncology, LLC, Biloxi Radiation Oncology Center, LLC, and
Laurence G. Lines to bear all costs of DLL’s repossession of the equipment.
IT IS FURTHER ORDERED that DeLage Landen Financial Services, Inc.’s
claims against Defendant Eric Dahlhauser remain pending.
SO ORDERED AND ADJUDGED this the 24th day of May, 2011.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE