TCS-North Carolina v. Carolina Family Medicine & Urgent Care et al

Filing 14

MEMORANDUM DECISION AND DEFAULT JUDGMENT-granting 10 Motion for Default Judgment Case Closed.; DEFAULT JUDGMENT in favor of TCS-North Carolina against Carolina Family Medicine & Urgent Care, Winchester Medical Management Services in the amount of $399,451.03. See Memorandum Decision for additional details. Signed by Judge Clark Waddoups on 12/15/16. (jmr)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

TCS-NORTH CAROLINA, L.P., a Utah
limited partnership,
Plaintiff,

MEMORANDUM DECISION
AND
DEFAULT JUDGMENT

vs.
Case No. 2:16-cv-343 CW
CAROLINA FAMILY MEDICINE &
URGENT CARE, P.A., a North Carolina
corporation, and WINCHESTER MEDICAL
MANAGEMENT SERVICES, LLC, a North
Carolina limited liability company,

Judge Clark Waddoups

Defendants.

This matter comes before the Court on Plaintiff’s motion for default judgment.
Based upon Plaintiff’s motion, Defendants Carolina Family Medicine & Urgent Care, P.A.
and Winchester Medical Management Services, LLC’s failure to appear, and for good cause
showing:
It is hereby ORDERED that Plaintiff’s motion is GRANTED. Plaintiff TCS-North
Carolina is awarded judgment against Defendants Carolina Family Medicine & Urgent Care,
P.A. and Winchester Medical Management Services, LLC in the amount of $399,451.03.
Plaintiff is also awarded interest at the rate of twenty-four percent per annum from April 1,

2016 through December 15, 2016. Thereafter, post-judgment interest shall “be calculated in
accordance with the federal rate provided for under 28 U.S.C. § 1961(a)” because the court
concludes the language in Paragraph 17(c) of the Master Lease Agreement does not show a
“clear, unambiguous and unequivocal” agreement by the parties to designate another interest
rate for judgment debts. FCS Advisors, Inc. v. Fair Fin. Co., 605 F.3d 144, 148 (2d Cir. 2010).
IT IS FURTHER ORDERED that Defendants Carolina Family Medicine & Urgent
Care, P.A. is ORDERED to deliver the Equipment identified in Exhibit A to the Lease
Schedule to such location as TFG may designate within fourteen calendar days of the entry of
this order. If Defendant does not deliver the Equipment, the Equipment is hereby attached, and
Plaintiff is authorized to enter the property where the Equipment is located and repossess the
Equipment. The owner of any real property where the Equipment is located is ORDERED to
allow Plaintiff or its representatives access to the Equipment so that the Equipment may be
taken to a location of Plaintiff’s choosing.
IT IS FURTHER ORDERED that this Judgment shall be augmented by affidavit from
Plaintiff or Plaintiff’s counsel to add any amount expended by Plaintiff for past and future
reasonable costs and attorney fees. IT IS FURTHER ORDERED that this judgment shall be
augmented by affidavit from Plaintiff or Plaintiff’s counsel to add any interest that has or will
accrue on the judgment amount. Accordingly, in the future, Plaintiff shall file additional
supporting affidavits and evidence with this Court showing justification for augmentation of
this Judgment.

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DATED this 15th day of December, 2016.
BY THE COURT:

_________________________________
Clark Waddoups
United States District Judge

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