Wells Fargo Bank v. Fleischer Investment Company et al

Filing 19

MEMORANDUM DECISION and ORDERgranting 15 Motion for Entry of Default. Signed by Judge Ted Stewart on 01/13/2014. (tls)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
NORTHERN DIVISION

WELLS FARGO BANK, N.A., a national
banking association,
Plaintiff,

MEMORANDUM DECISION AND
ORDER GRANTING DEFAULT
JUDGMENT

vs.

FLEISCHER INVESTMENT COMPANY, a
limited liability company, COMPOSITE
COATINGS, LLC, a limited liability
company; and THOMAS M. FLEISCHER, an
individual,

Case No. 1:13-CV-124 TS

Defendants.

This matter is before the Court on Plaintiff’s Motion for Entry of Default.1 In its Motion,
Plaintiff requests that the Court enter default judgment against Defendants for failing to appear
and defend in this action. For the reasons discussed below, the Court will grant Plaintiff’s
Motion.

1

Docket No. 15.
1

Plaintiff filed its Complaint on September 4, 2013, seeking to collect amounts owed to it
under a delinquent loan extended to Fleischer Investment Co. (“Fleischer Co.”). Defendants
Composite Coatings, LLC (“Composite”) and Thomas M. Fleischer (“Fleischer”) are guarantors
for Defendant Fleischer Co.’s obligations. Defendants Fleischer and Fleischer Co. were served
with copies of the Summons and Complaint on September 6, 2013. Defendant Composite was
served on September 18, 2013. Defendants have not answered or otherwise responded to the
Complaint. On October 24, 2013, the Clerk of Court entered Default Certificates against the
Defendants.
In declarations filed on October 23, 2013, Plaintiff established the amount owed under
the agreements as of June 17, 2013, to be $150,888.63 and that the expenses and fees in
connection with this action are $9,993.10. Interest continues to accrue after that date at the rate
set forth in the parties’ agreement ($44.00 per day). Thus, Plaintiff is entitled to an entry of
default judgment in the amount of $164,489.73.
Based on the foregoing, it is hereby
ORDERED that Plaintiff’s Motion for Entry of Default (Docket No. 15) in the amount of
$164,489.73 is GRANTED. The Clerk of Court is instructed enter judgment in favor of Plaintiff
and against Defendants and to close this case forthwith.
DATED January 13, 2014.
BY THE COURT:

_______________________________
TED STEWART
United States District Judge
2