First Business Bank v. Chalmers

Filing 11

ORDER granting 10 motion for default judgment. Signed on 3/6/2018 by District Judge Roseann Ketchmark. (Stout, Courtney)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

FIRST BUSINESS BANK,
SUCCESSOR BY MERGER TO
ALTERRA BANK;
Plaintiff,
v.
ALBERT JACK CHALMERS JR.,
Defendant.

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No. 4:17-00852-CV-RK

ORDER
Before the Court is Plaintiff’s Motion for Default Judgment (doc. 10). Upon review of
the record, the Complaint, and motion for default, the Court GRANTS Plaintiff’s Motion as
follows:
1. Plaintiff filed this action on October 11, 2017.
2. Plaintiff is a resident of Wisconsin with its principal place of business in Overland
Park, Kansas.
3. Defendant is a natural person and resides in Kansas City, Missouri.
4. In the Complaint, Plaintiff alleges Chalmers Automotive, LLC, (the “Borrower”)
executed a Promissory Note in favor of the Plaintiff evidencing a loan made by the
Plaintiff to the Borrower in the aggregate principal amount of $830,000.00 (the
“Note”).
5. Defendant personally guaranteed the loan Plaintiff made to the Borrower. (Doc. 1,
Exhibit B.)
6. On July 19, 2017, the Borrower filed a petition for bankruptcy relief in the Western
District of Missouri Bankruptcy Court, case no. 17-41924. This action constitutes a
default under the terms of the Note and Loan Agreement.

7.

Under the terms of the Note and Loan Agreement, upon the occurrence of a default,
all outstanding principal, accrued interest, and other sums due under the Note and
Loan Agreement shall become immediately due and payable to Plaintiff.

8. Plaintiff is seeking a judgment for monetary damages against Defendant for a default
under his personal guarantee.
9. After an extension of the original service deadline, on January 30, 2018, Plaintiff filed
a return of service with the Court. The return of service stated Defendant was
properly served with the Summons and Complaint pursuant to Rule 4(h) of the
Federal Rules of Civil Procedure on January 4, 2018. Defendant was served at the
following address: 1420 Gentry Street, Kansas City, Missouri, 64116.
10. The Court finds service was proper because the Defendant was served with a copy of
the summons and complaint within the time allowed by Rule 4(m) of the Federal
Rules of Civil Procedure. The service was provided by an individual who was greater
than eighteen years of age and who is not a party to this action.
11. On February 5, 2018, the Court issued an Order to Show Cause as to why the case
should not be dismissed for failure to prosecute. (Doc. 7.)
12. On February 5, 2018, Plaintiff filed a motion for entry of default for Defendant’s
failure to timely answer or otherwise respond to the Complaint. (Doc. 8.)
13. On February 5, 2018, pursuant to Rule 55(a), the Clerk of the Court entered default
against Defendant.
14. On February 15, 2018, Plaintiff filed a Motion for Default Judgment. (Doc. 10.)
15. To date, Defendant has not filed an answer or otherwise responded to the Complaint,
nor has Defendant appeared personally or by a representative in this matter.

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16. Plaintiff alleges the Defendant is indebted to Plaintiff as follows: principal:
$681,534.03; accrued interest: $21,223.16; late fees: $2,722.48; appraisal fees:
$1,181.80, plus interest calculated at the per diem rate of $135.37 per day beginning
the date this Motion was filed (February 15, 2018) and until the entry of this Order by
the Court; $21,745.75 in billed and unbilled attorney’s fees; and post-judgment
interest at the highest rate permitted by law.
Based on the foregoing, and considering the affidavits and evidence presented by
Plaintiff, the Court finds Defendant is liable to Plaintiff for the following amounts: principal:
$681,534.03; accrued interest: $21,223.16; late fees: $2,722.48; appraisal fees: $1,181.80, plus
$2,572.03 in interest, calculated at the per diem rate of $135.37 per day beginning the date this
Motion was filed (February 15, 2018) and until the entry of this Order by the Court (March 6,
2018); $21,745.75 in billed and unbilled attorney’s fees; and post-judgment interest at the
highest rate permitted by law.
WHEREFORE, the Court awards a judgment in favor of the Plaintiff First Business
Bank, successor by merger to Alterra Bank and against Defendant Albert Jack Chalmers, Jr. as
follows:
a. Principal

$ 681,534.03

b. Accrued Interest

$ 21,223.16

c. Late Fees

$ 2,722.48

d. Appraisal Fees

$ 1,181.80

e. Interest at per diem rate beginning
February 15, 2018, and until
entry of this Order (March 6, 2018)
f. Attorney’s Fees

$ 2,572.03

TOTAL

$ 21,745.75
$ 730,979.25, plus post-judgment interest
at highest rate permitted by law

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It is ORDERED, ADJUDGED, AND DECREED that Plaintiff’s Motion for Default
Judgment (doc. 10) is GRANTED. Judgment is entered in favor of Plaintiff First Business
Bank, successor of merger to Alterra Bank, and against Defendant Albert Jack Chalmers, Jr. in a
total amount of $730,979.25, plus post-judgment interest at the highest rate permitted by law.

s/ Roseann A. Ketchmark__________
ROSEANN A. KETCHMARK, JUDGE
UNITED STATES DISTRICT COURT
DATED: March 6, 2018

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