RBC Bank USA v. Epps et al

Filing 236

ORDER granting 226 Motion for Default Judgment. Signed by Honorable R Bryan Harwell on 1/2/2013.(hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
RBC BANK (USA),

)
)
Plaintiff,
)
)
v.
)
)
THOMAS DARIN EPPS, DUNES
)
MORTGAGE LLC, SYNERGY
)
INVESTMENT GROUP LLC, JEREMY
)
EASON, JJE ENTERPRISES LLC a/k/a J&J )
ENTERPRISES, MALIA MCCAFFREY,
)
PRODIGY CONSULTING, LLC, LINDA L. )
STEELE, LINBRANDT, LLC, JOSEPH
)
GRAY, JACQUELINE GRAY, WEST
)
COAST FUNDING, LLC, THERESA
)
FESCHUK, MAJ, LLC, ZAG, LLC, ALISSA )
SMITH, EAST COAST FUNDING, LLC,
)
CASA MIA, INC. a/k/a/ CASA MIA
)
DEVELOPMENT, LLC, J&M MORTGAGE )
SERVICES, INC. a/k/a/ CHALLENGE HOME )
EQUITY, MIKE WIMBERLY, ZEREKO
)
NEVADA, INC., YOUVAL GERINGER,
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STONEGATE PROPERTIES, INC., JOHN M. )
WARNER, JR., WARFIN DEVELOPERS,
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LLC, THERON FLOYD, TRINITY
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DEVELOPMENT, LLC, LARRY PROSSER, )
DUPLEX DEVELOPMENT, INC., JOHN
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MARKS, ACTION BUILDERS OF MYRTLE )
BEACH, LLC, DAVID L. BRIDGES, JR.,
)
ALVIN H. SHUMAN, MCKEAN
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PROPERTIES, LLC, DAVID THOMAS HIX, )
JR., MYRTLE BEACH VILLAS, LLC,
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DAVID O’CONNELL, JEFFERY TODD
)
SHOUP, ATLANTIS VILLAS OF NMB,
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LLC, MATTHEW SKINNER, and BILLY
)
JAMES BARFIELD,
)
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Defendants.
)
)

Civil Action No.: 4:11-cv-00124-RBH

ORDER

This matter comes before the Court, pursuant to Rule 55(b)(1) of the Federal Rules of Civil
Procedure and Local Civil Rule 55.01, on the Plaintiff’s Renewed Motion for Default Judgment
against Defendants Dunes Mortgage LLC, Jeremy Eason, Thomas Darin Epps, Malia McCaffrey,
Zereko Nevada Inc., Casa Mia Inc., East Coast Funding LLC, Theresa Feschuk, JJE Enterprises
LLC, Linbrandt LLC, MAJ LLC, Prodigy Consulting LLC, Alissa Smith, Linda L. Steele, Synergy
Investment Group LLC, West Coast Funding LLC, ZAG LLC, Billy James Barfield, Youval
Geringer, David Thomas Hix, Jr., Myrtle Beach Villas LLC, and Mike Wimberly. 1
The Court finds there is no need for an evidentiary hearing and that a decision is properly
reached on the basis of the uncontested pleadings and detailed affidavits submitted. See Fed. R. Civ.
P. 55(b)(2) (“The Court may conduct hearings . . . when, to enter or effectuate judgment, it needs to:
(A) conduct an accounting; (B) determine the amount of damages; (c) establish the truth of any
allegation by evidence; or (D) investigate any other matter.”); Anderson v. Found. for Advancement,
Educ. and Emp’t of Am. Indians, 155 F.3d 500, 507 (4th Cir. 1998) (“[I]n some circumstances a
district court entering a default judgment may award damages ascertainable from the pleadings
without holding a hearing.”).

“If the defendant does not contest the amount pleaded in the

complaint and the claim is for a sum that is certain or easily computable, the judgment can be
entered for that amount without further hearing.” JTH Tax, Inc. v. Smith, No. 2:06-cv-76, 2006 WL
1982762, at *2 (E.D. Va. June 23, 2006).
The Court finds that the above named Defendants were properly served and that default was
properly entered against them pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. By

1

All other captioned defendants either answered and were voluntarily dismissed from the action, or
were never served within 120 days pursuant to Rule 4(m) of the Federal Rules of Civil Procedure
and thus dismissed by the Court.
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virtue of the entry of default, the allegations of the Plaintiff’s well-pleaded Complaint are deemed
admitted, including the allegations that the Defendants’ violations were willful.
The Court has reviewed the Plaintiff’s submissions.

The Court finds the admitted

allegations of the well-pleaded Complaint, the Affidavit of Hayley Webster, the Affidavit of David
Dreifus, and the other pleadings and matters contained in the Court’s file provide a reasonable basis
upon which to rest an award of damages that is easily computable. Therefore, the Court finds that
the Plaintiff is entitled to have and recover of these defaulting defendants, jointly and severally,
damages in the principal amount of $10,487,828.46. Furthermore, pursuant to both 18 U.S.C.
§ 1964(c) and S.C. Code Ann. § 39-5-140, the Court finds that the Plaintiff is further entitled to
recover treble damages, totaling $31,463,485.38.
IT IS THEREFORE ORDERED that the Plaintiff’s motion for default judgment is
GRANTED, and Judgment be entered in favor of the Plaintiff. The Plaintiff shall have and recover
from Defendants Dunes Mortgage LLC, Jeremy Eason, Thomas Darin Epps, Malia McCaffrey,
Zereko Nevada Inc., Casa Mia Inc., East Coast Funding LLC, Theresa Feschuk, JJE Enterprises
LLC, Linbrandt LLC, MAJ LLC, Prodigy Consulting LLC, Alissa Smith, Linda L. Steele, Synergy
Investment Group LLC, West Coast Funding LLC, ZAG LLC, Billy James Barfield, Youval
Geringer, David Thomas Hix, Jr., Myrtle Beach Villas LLC, and Mike Wimberly, jointly and
severally, the principal amount of $31,463,485.38.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
January 2, 2013
Florence, South Carolina

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