Comco-Oneworld, Inc. v. Dayjon, Inc. et al

Filing 14

MEMORANDUM AND ORDER: It is therefore ORDERED that plaintiff ComCo is awarded a judgment in the amount of $589,407.98, plus any additional applicable interest, attorney's fees and costs. The plaintiff shall make application for these additional monies within 30 days of the entry of this Order. Signed by District Judge Aleta A. Trauger on 10/19/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
COMCO-ONE WORLD, INC.,
Plaintiff,
v.
DAYJON, INC. an Alabama Corporation and
JOHN TAYLOR,
Defendants.

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Civil No. 3:16-cv-01970
Judge Trauger

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MEMORANDUM AND ORDER
On September 9, 2016, the plaintiff filed a Motion for Summary Judgment (Docket No.
9), to which no response has been filed. This motion and accompanying documents were mailed
to both defendants, who have not yet entered an appearance of record in this case (Docket No. 9
at 3).
The court may not grant the plaintiff’s motion solely on the grounds that the defendants
have failed to respond to the motion. See Stough v. Mayville Cmty. Schs., 138 F.3d 612, 614 (6th
Cir. 1998).
As the Sixth Circuit stated:
[A] district court cannot grant summary judgment in favor of a movant
simply because the adverse party has not responded. The court is required,
at a minimum, to examine the movant’s motion for summary judgment to
ensure that he has discharged [his initial] burden . . . . The federal rules
require that the party filing a motion for summary judgment always bears
the burden of demonstrating the absence of a genuine issue as to a material fact.
Id. (citing Carver v. Bunch, 946 F.2d 451, 455 (6th Cir. 1991). The court, therefore, will consider
whether the plaintiff has met its burden under the summary judgment standard. Pursuant to Local
Rule 56.01(g), the court construes the plaintiff’s Statement of Material Facts (Docket No. 10) as not

disputed for purposes of a decision on this motion, because they have not been responded to by the
defendants.
The plaintiff, ComCo-OneWorld, Inc. (“ComCo”) has established that defendant Dayjon
Inc. executed an Equipment Financing Agreement on October 31, 2014 to secure a loan in the
amount of $575,100.00 and was required to make monthly payments in the amount of
$12,330.71. Defendant John Taylor executed a personal Guaranty of the Equipment Financing
Agreement, guaranteeing the payments thereunder. Neither defendant has made any payments
under the Financing Agreement since December 31, 2015. Under the Financing Agreement,
plaintiff ComCo is entitled to declare the entire unpaid obligation due and payable and to recover
its costs and expenses, including attorney’s fees and costs. The plaintiff has demonstrated by its
filings that there is no genuine issue as to any material fact.
It is therefore ORDERED that plaintiff ComCo is awarded a judgment in the amount of
$589,407.98, plus any additional applicable interest, attorney’s fees and costs. The plaintiff shall
make application for these additional monies within 30 days of the entry of this Order.
It is so ORDERED.
ENTER this 19th day of October 2016.

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ALETA A. TRAUGER
U.S. District Judge