Bank of the West v. Big Town Mechanical, LLC et al

Filing 59

DEFAULT JUDGMENT in favor of Bank of the West in the total amount of $4,232,901.18 against J&H Barton Family Trust Dated March 8, 2000, McNulty Family Trust, James A Barton, Jamie McNulty, jointly and severally, as follows: (a.) Plaintiff is a warded actual damages against the Barton and McNulty Defendants in the total amount of $4,043,629.91 based upon the Barton and McNulty Defendants breaches of their duties and obligations to Plaintiff as alleged in the Complaint and as set forth in the Application. (b.) Plaintiff is awarded attorney fees incurred in the prosecution of this action in the amount of $174,043.10, pursuant to the terms of the Commercial Guaranties (defined in the Application) and as set forth in the Applicat ion. (c.) Plaintiff is awarded costs incurred in the prosecution of this action in the amount of $15,228.17, pursuant to LR 54-1, the terms of the Commercial Guaranties, and as set forth in the Application. Additionally, to this amount, $4, 232,901.18, Plaintiff is awarded interest form November 6, 2013 at 9.25%, the current rate of interest for the Loan (defined in the Application). Further, to this amount, $4,232,901.18, Plaintiff is awarded post-judgment interest from the date of entry of this Default Judgment at the maximum rate permitted by law until all sums are paid in full. Signed by Judge James C. Mahan on 4/16/14. (Copies have been distributed pursuant to the NEF - MMM)