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)

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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. ) ) ) ) ) ) ) ) ) ) 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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