Wells Fargo Bank, N.A. v. Starx Motors LLC et al

Filing 60

AMENDED DEFAULT JUDGMENT., It is hereby ORDERED that Wells Fargo has judgment against Defendants Starx Motors and the Chavezes; and it is further ORDERED that upon the deposit of the subject Restrained Proceeds less Wells Fargos reason able attorney's fees and costs (the "Interpleader Funds"), as permitted under applicable law and the Wells Fargo Deposit Agreement, Wells Fargo will be dismissed from this action. The Clerk of Cour t is respectfully instructed to (i) deposit the Tnterpleader Funds into the interest-bearing Disputed Ownership Fund, (ii) terminate the open motion (ECF No. 56), and (iii) vacate the prior Default Judgment (ECF No. 58)., Motions terminated: 56 MOTION for Attorney Fees / Letter Motion for Attorney Fees. filed by Wells Fargo Bank, N.A. (Signed by Judge Alvin K. Hellerstein on 3/31/21) (yv) Transmission to Finance Unit (Cashiers) for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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WELLS FARGO BANK, N.A.
:
: Civil Action No.: 1:20-cv-05455
Plaintiff,
:
:
against:
STARX MOTORS LLC, JEAN S. SMITH,
BENJAMIN SCHRAGE, JACQUES A.
HORN, GENE T. OLIVER, MICHAEL A.
CHAVEZ and JACQUELINE CHAVEZ

:
:
:
:
:
Defendants.
:
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This action having been commenced on July 15, 2020 by Plaintiff Wells Fargo Bank, N.A.
(“Wells Fargo”), a copy of the summons and complaint having been served on Defendant Starx
Motors LLC (“Starx Motors”) by personally serving Starx Motors through its registered agent on
September 17, 2020, proof of service having been filed on October 9, 2020, Starx Motors not
having answered the Complaint, and Starx Motors’ time for answering the Complaint having
expired on October 8, 2020, the Clerk having entered default against Starx Motors on October 20,
2020; a copy of the summons and complaint having been served on Defendants Jacqueline Chavez
and Michael A. Chavez (the “Chavezes”) by personally serving the Chavezes on August 15, 2020,
proof of service having been filed on September 1, 2020, the Chavezes not having answered the
Complaint, and the Chavezes time for answering the Complaint having expired on September 8,
2020, the Clerk having entered default against the Chavezes on October 20, 2020; and Wells Fargo
having made a separate motion (ECF Nos. 47-49, the “Wells Fargo Interpleader Motion”)
requesting that the Court issue an Order directing the Clerk of Court to accept the interpleader

funds in the amount of $64,151.21 (the “Restrained Proceeds”) less Wells Fargo’s reasonable
attorney’s fees and costs, it is hereby
ORDERED that Wells Fargo has judgment against Defendants Starx Motors and the Chavezes;
and it is further
ORDERED that upon the deposit of the subject Restrained Proceeds less Wells Fargo’s
reasonable attorney’s fees and costs

, as permitted under

applicable law and the Wells Fargo Deposit Agreement, Wells Fargo will be dismissed from
this action.

(i)
, (ii) terminate the open motion (ECF No.

56), and (iii) vacate the

Dated: New York, New York
, 202

__________________________________
HON. ALVIN K. HELLERSTEIN, USDJ