Smithville 169, LLC et al v. Citizens Bank & Trust Company

Filing 193

JUDGMENT. Signed on 2/20/13 by District Judge Greg Kays. (Francis, Alexandra)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
SMITHVILLE 169, LLC, et al.,
Plaintiffs,
vs.
CITIZENS BANK & TRUST COMPANY,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 4:11-cv-00872-DGK

JUDGMENT IN A CIVIL CASE
The above captioned matter came to decision by the Court. The issues have been
considered and a decision has been rendered.
Pursuant to the Order Granting Defendant Summary Judgment on Counterclaims (Doc.
182) entered on February 5, 2013, summary judgment was entered in favor of defendant/
counterclaimant Citizens Bank & Trust Company (“defendant” or the “Bank”) on Counts I and II
of its Counterclaim, on Counts I and III of plaintiffs’ claims, and on the following affirmative
defenses to the Counterclaim asserted by plaintiffs: nos. 1, 2, 4-6, 8, 22-23, 26 and 33. The Court
further ruled that the Bank is entitled to a Judgment in the amount of $7,797,081.17 plus any
interest and late charges that have accrued since August 1, 2011.
Pursuant to the Order Granting Defendant Partial Summary Judgment Based on
Missouri’s Credit Agreement Statute of Frauds (Doc. 183) entered on February 5, 2013,
summary judgment was entered in favor of the Bank on Counts II, V-XIII, XV-XVI of plaintiffs’
claims, and on plaintiffs’ affirmative defenses nos. 3, 7-21, 24-25, 27-32, and 35-36.

Pursuant to the Order Granting Defendant Summary Judgment on Count IV (Doc. 184)
entered on February 5, 2013, summary judgment was entered in favor of the Bank on Count IV
of plaintiffs’ claims.
Pursuant to the Order Granting Defendant Summary Judgment on Beverly Nelson’s
ECOA Claim (Doc. 185) entered on February 5, 2013, summary judgment was entered in favor
of the Bank on Count XIV of plaintiffs’ claims, and on plaintiffs’ affirmative defense no. 34.
Pursuant to the Order Denying as Moot Motion for Summary Judgment (Doc. 186)
entered on February 5, 2013, plaintiffs’ Motion for Summary Judgment as to their Claims
Against the Bank for Fraud and Fraudulent Nondisclosure (Doc. 122) was denied as moot.
Pursuant to the Order Denying as Moot Motion for Summary Judgment (Doc. 187)
entered on February 5, 2013, plaintiffs’ Motion for Summary Judgment as to their Claims that
Defendant is Barred from Seeking Judgment Against Plaintiffs by Reason of Defendant’s Failure
to Dispose of Collateral In Its Possession, and that Defendant has Waived any Right to
Foreclose the Deed of Trust such that the Deed of Trust Should be Released of Record (Doc.
127) was denied as moot.
Pursuant to the Order (Doc. 188) entered on February 8, 2013, Jerry D. Nelson, as
Personal Representative for the Estate of Beverly J. Nelson, was substituted for plaintiff Beverly
J. Nelson.
Pursuant to the Order (Doc. 189) and the Order (Doc. 190), both entered February 8,
2013, all other pending motions were denied as moot.
JUDGMENT IS THEREFORE ENTERED in favor of Citizens Bank & Trust Company
and against Smithville 169, LLC, Nelson & Nelson Dev. Co., Jerry D. Nelson, Jerry D. Nelson,
as Personal Representative for the Estate of Beverly J. Nelson, and Hales Family Limited

2

Partnership 6, jointly and severally, in the amount of $7,797,081.17, plus additional prejudgment
interest incurred on the principal amount of $7,302,558.00 after August 1, 2011 at the default
rate of Prime plus 5% through the date of entry of this Judgment, plus additional interest incurred
after the date of entry of this judgment at the legal rate set forth by 28 U.S.C. § 1961.
JUDGMENT IS FURTHER ENTERED in favor of Citizens Bank & Trust Company
and against Michael S. Hales and Marlene S. Hales, jointly and severally, in the amount of
$3,898,540.58, plus half of the additional prejudgment interest incurred on the principal amount
of $7,302,558.00 after August 1, 2011 at the default rate of Prime plus 5% through the date of
entry of this Judgment, plus additional interest incurred after the date of entry of this judgment at
the legal rate set forth by 28 U.S.C. § 1961.
JUDGMENT IS FURTHER ENTERED in favor of Citizens Bank & Trust Company
and against plaintiffs on all of their claims and affirmative defenses asserted in this action.
IT IS FURTHER ORDERED that the costs of this action shall be assessed against
plaintiffs, pursuant to Fed. R. Civ. P. 54(d)(1).
IT IS BY THE COURT SO ORDERED, ADJUDGED AND DECREED
Let execution issue therefor.

/s/ Greg Kays
GREG KAYS
UNITED STATES DISTRICT JUDGE
DATE: February 20, 2013

3