PNC Bank, National Association v. Sepac et al
Filing
24
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion for default judgment in the amount of $263,450.61 is GRANTED. Doc. No. 9 . IT IS FURTHER ORDERED that the complaint is DISMISSED without prejudice with respect to Defendant David Sepac for Plaintiffs failure to serve him in a timely fashion, despite several extensions of time granted by the Court to do so. A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 8/13/2013. (RAK)
PNC Bank, National Association v. Sepac et al
Doc. 24
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
DAVID SEPAC and COVENTRY LAND
CORPORATION,
Defendants.
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No. 4:12CV01042 AGF
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion for default judgment against
Defendant Coventry Land Corporation (“Coventry”). Plaintiff alleged in its complaint that
Coventry defaulted on a promissory note executed in favor of Plaintiff’s predecessor in interest.
The note is attached to the complaint. Plaintiff alleged that the outstanding balance due on the
note as of June 10, 2012, was the principal sum of $201,313.45, plus interest in the sum of
$56,600.08 and late fees of $93.01, for a total, exclusive of attorney’s fees and costs of the
undersigned, in the sum of $258,006.54. The Clerk of Court entered default as to Coventry on
July 27, 2012. Plaintiff now seeks default judgment against this Defendant in the amount of the
indebtedness as of July 30, 2012, in the total amount of $259,445.09, plus attorney’s fees and costs
totally $4,005.52, recoverable under the terms of the Note.
Where default has been entered, the “allegations of the complaint, except as to the
amount of damages are taken as true.” Brown v. Kenron Aluminum & Glass Corp., 477
F.2d 526, 531 (8th Cir. 1973); see also Jenkins v. E. Asset Mgmt., LLC, No. 4:08-CV-1032
Dockets.Justia.com
CAS, 2009 WL 2488029, at *3 (E.D. Mo. Aug. 12, 2009). Here, taking Plaintiff’s
allegations in the complaint as true, except for those allegations as to the amount of
damages, the Court concludes that Plaintiff is entitled to default judgment against
Coventry. With respect to damages, Plaintiff has provided documentation and evidence
supporting its entitlement to the amounts sought.
Upon review of the record,
IT IS HEREBY ORDERED that Plaintiff’s motion for default judgment in the
amount of $263,450.61 is GRANTED. (Doc. No. 9.)
IT IS FURTHER ORDERED that the complaint is DISMISSED without
prejudice with respect to Defendant David Sepac for Plaintiff’s failure to serve him in a
timely fashion, despite several extensions of time granted by the Court to do so.
A separate Judgment shall accompany this Memorandum and Order.
_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 13th day of August, 2013.
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