Bank of North Carolina v. Gillani et al

Filing 9

ORDER granting 7 Motion for Default Judgment. Signed by Clerk, Frank G. Johns on 10/28/2014. (thh) Modified on 10/28/2014 to correct signed by, NEF regenerated (thh).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION FILE NO. 1:14-cv-00219
BANK OF NORTH CAROLINA,
Plaintiff
v.
SHAMSUDDIN N. GILLANI and
SALIMAH S. GILLANI,
Defendants.

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JUDGMENT

Defendants, Shamsuddin N. Gillani and Salimah S. Gillani, having failed to plead
or otherwise defend in this action and said Defendants' default having been entered;
NOW, upon application to Plaintiff and upon Affidavit, Defendants are indebted
to Plaintiff in the following amounts:
1.

That the amount due Plaintiff from Defendants, Shamsuddin N. Gillani

and Salimah S. Gillani, jointly and severally, on its First Claim for Relief, is the sum of Six
Hundred Eight Thousand Three Hundred Fifty-Two and 53100 Dollars ($608,352.53), plus
interest at the rate of Eighty-Four and 71/100 Dollars ($84.71) per day from and after July 8,
2014, until date of entry of judgment and thereafter at the legal rate until paid in full together
with attorneys' fees in the amount of 15% of the outstanding indebtedness at the time of the
institution of this action;
2.

That the amount due Plaintiff from Defendants, Shamsuddin N. Gillani

and Salimah S. Gillani, jointly and severally, on its Second Claim for Relief, is the sum of Three
Hundred Four Thousand Six Hundred Ninety-Five and 49/100 Dollars ($304,695.49) plus
interest

at

the

rate

of

Forty-Two and 99/100 Dollars ($42.99) per day from and after July 8, 2014 until date of entry of
judgment and thereafter at the legal rate until paid in full together with attorneys' fees in the
amount of 15% of the outstanding indebtedness at the time of the institution of this action;
3.

That Defendants, Shamsuddin N. Gillani and Salimah S. Gillani, have

defaulted for failure to plead and that Defendants are not infants or incompetent persons, and are
not in the military service of the United States.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff recover
as follows:
1.

That Plaintiff have and recover of Defendants, Shamsuddin N. Gillani and

Salimah S. Gillani, jointly and severally, on its First Claim for Relief, is the sum of Six Hundred
Eight Thousand Three Hundred Fifty-Two and 53100 Dollars ($608,352.53), plus interest at the
rate of Eighty-Four and 71/100 Dollars ($84.71) per day from and after July 8, 2014 until date of
entry of judgment and thereafter at the legal rate until paid in full, plus reasonable attorneys’ fees
in the amount of Ninety-One Thousand Eight Hundred Eleven and 67/100 Dollars ($91,811.67),
which is Fifteen Percent (15%) of the outstanding indebtedness due and owing at the time suit
was instituted on August 21, 2014 (being the amount of $612,079.77);
2.

That Plaintiff have and recover of Defendants, Shamsuddin N. Gillani and

Salimah S. Gillani, jointly and severally, on its Second Claim for Relief, is the sum of Three
Hundred Four Thousand Six Hundred Ninety-Five and 49/100 Dollars ($304,695.49) plus
interest

at

the

rate

of

Forty-Two and 99/100 Dollars ($42.99) per day from and after July 8, 2014 until date of entry of
judgment and thereafter at the legal rate until paid in full, plus reasonable attorneys’ fees in the
amount of Forty-Five Thousand Nine Hundred Eighty-Eight and 06/100 Dollars ($45,988.06),

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which is Fifteen Percent (15%) of the outstanding indebtedness due and owing at the time suit
was instituted on August 21, 2014 (being the amount of $306,587.05);
3.

That Plaintiff have and recover of Defendants the costs of this action.

Signed October 28, 2014

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