Synovus Bank v. Karp et al

Filing 158

AMENDED JUDGMENT-ORDERED that Plaintiff Synovus Bank's Motion for Summary Judgment 83 is GRANTED, and the Plaintiff is entitled to judgment against the following Borrowers. (See Order for Details) Signed by District Judge Martin Reidinger on 02/24/2014. Associated Cases: 1:10-cv-00172-MR-DLH et al.(thh)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION SYNOVUS BANK, ) ) Plaintiff, ) ) vs. ) ) JAMES G. KARP, G. DANIEL ) SIEGEL, and THE KARP FAMILY ) LIMITED PARTNERSHIP, ) ) Defendants. ) _______________________________ ) ) SYNOVUS BANK, ) ) Plaintiff, ) ) vs. ) ) BARRON S. WALL, ) ) Defendant. ) _______________________________ ) ) SYNOVUS BANK, ) ) Plaintiff, ) ) vs. ) ) KEVIN J. TRACY, ) ) Defendant. ) _______________________________ ) Civil No. 1:10cv172 Civil No. 1:10cv201 Civil No. 1:10cv202 NATIONAL BANK OF SOUTH CAROLINA, ) ) ) Plaintiff, ) ) vs. ) ) ANTHONY J. BARBIERI, ) ) Defendant. ) _______________________________ ) ) NATIONAL BANK OF SOUTH ) CAROLINA, ) ) Plaintiff, ) ) vs. ) ) 3GMA REALTY, LLC, and GERALD ) ABATEMARCO, ) ) Defendants. ) _______________________________ ) ) SYNOVUS BANK, ) Plaintiff, ) ) vs. ) ) GREGORY S. KEARY, ) ) Defendant. ) _______________________________ ) 2 Civil No. 1:10cv215 Civil No. 1:10cv217 Civil No. 1:10cv218 NATIONAL BANK OF SOUTH CAROLINA, ) ) ) Plaintiff, ) ) vs. ) ) BENJAMIN W. ATKINSON and ) DANIEL S. HINKSON, ) ) Defendants. ) _______________________________ ) ) NATIONAL BANK OF SOUTH ) CAROLINA, ) ) Plaintiff, ) ) vs. ) ) KATHERINE H. WILLIAMS, ) ) Defendant. ) _______________________________ ) SYNOVUS BANK, ) ) Plaintiff, ) ) vs. ) ) PATRICIA M. TRACY, ) ) Defendant. ) _______________________________ ) 3 Civil No. 1:10cv220 Civil No. 1:10cv221 Civil No. 1:10cv231 AMENDED JUDGMENT For the reasons set forth in the Memorandum of Decision and Order entered contemporaneously herewith, IT IS, THEREFORE, ORDERED that Plaintiff Synovus Bank’s Motion for Summary Judgment [Doc. 83] is GRANTED, and the Plaintiff is entitled to judgment against the following Borrowers as follows: (1) The Plaintiff is hereby awarded against the Defendant Barron S. Wall the sum of Five Hundred and Fourteen Thousand Three Hundred and Thirty-Four Dollars and One Cent ($514,334.01), together with prejudgment interest of Fifteen Thousand Three Hundred and Forty Two Dollars and Ninety Cents ($15,342.90), calculated at a rate of $77.10 per diem from and after July 1, 2013 through the date of Judgment, and an award of attorney’s fees in the amount of Forty Thousand Four Hundred and Ninety-One Dollars ($40,491.00); (2) The Plaintiff is hereby awarded against the Defendant Kevin J. Tracy the sum of Three Hundred and Ninety Thousand Eight Hundred and Seventy-Seven Dollars and Thirty-Seven Cents ($390,877.37), together with prejudgment interest of Eleven Thousand Four Hundred and Two Dollars and Seventy Cents ($11,402.70), calculated at a 4 rate of $57.30 per diem from and after July 1, 2013 through the date of Judgment, and an award of attorney’s fees in the amount of Thirty One Thousand Four Hundred and Ninety-One Dollars ($31,491.00); (3) The Plaintiff is hereby awarded against the Defendant Anthony J. Barbieri the sum of Three Hundred and Ninety-One Thousand Two Hundred and Ninety-Two Dollars and Sixteen Cents ($391,292.16), together with prejudgment interest of Eleven Thousand and Fifty-Six Dollars and Forty-Four Cents ($11,056.44), calculated at a rate of $55.56 per diem from and after July 1, 2013 through the date of Judgment, and an award of attorney’s fees in the amount of Thirty Thousand Nine Hundred and Fifty-Eight Dollars and Fifteen Cents ($30,958.15); and (4) The Plaintiff is hereby awarded against the Defendant Patricia M. Tracy the sum of Three Hundred and Fifty-Three Thousand Six Hundred and Four Dollars and Thirty-Three Cents ($353,604.33), together with prejudgment interest of Six Thousand Eight Hundred and Three Dollars and Eighty-One Cents ($6,803.81), calculated at a rate of Thirty-Four Dollars and Nineteen Cents ($34.19) per diem from and after July 1, 2013 through the date of Judgment, and an 5 award of attorney’s fees in the amount of Thirty One Thousand Two Hundred Dollars ($31,200.00). IT IS SO ORDERED. Signed: February 24, 2014 6

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