Wachovia SBA Lending, Inc. v. Elite Education Holdings, Inc. et al, No. 3:2009cv00976 - Document 29 (M.D. Tenn. 2010)

Court Description: DEFAULT JUDGMENT: It is ORDERED that judgment be entered against Mr. and Mrs. Ball in the amount of $1,435,731.84, plus a contract per diem rate of $170.40 from December 17, 2009, through the date of entry of this Judgment, plus court costs , costs of collection and post-judgment interest at the highest rate allowed by law, for which execution may issue. The Court further finds that no just reason exists to delay entry of this Judgment as a final judgment on Wachovia's claims again st Mr. and Mrs. Ball in this action, and, accordingly, it is ORDERED that, pursuant to Rule 54(b), Federal Rules of Civil Procedure, this Judgment shall constitute a final judgment on Wachovia's claims against Mr. and Mrs. Ball in this action. Signed by District Judge Aleta A. Trauger on 1/19/10. (km)

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Wachovia SBA Lending, Inc. v. Elite Education Holdings, Inc. et al Doc. 29 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ) ) ) Plaintiff, ) ) v. ) ELITE EDUCATION HOLDINGS, INC., ) HOWARD B. BALL, and JACQUELINE ) ) D. BALL, ) ) Defendants. WACHOVIA SBA LENDING, INC., No. 3:09-0976 Hon. Aleta A. Trauger DEFAULT JUDGMENT This matter is before the Court on the motion of the Plaintiff, Wachovia SBA Lending, Inc. (“Wachovia”), for entry of default judgment, pursuant to Rule 55, Federal Rules of Civil Procedure, against Defendants Howard B. Ball (“Mr. Ball”) and Jacqueline D. Ball (“Mrs. Ball”). Based on the entire record before it, the Court finds that Mr. and Mrs. Ball have been validly served pursuant to Rule 4, Federal Rules of Civil Procedure, that Mr. and Mrs. Ball have failed to plead or otherwise defend as required by the Federal Rules of Civil Procedure and that Wachovia is entitled to a Judgment by default. Accordingly, it is ORDERED that judgment be entered against Mr. and Mrs. Ball in the amount of $1,435,731.84, plus a contract per diem rate of $170.40 from December 17, 2009, through the date of entry of this Judgment, plus court costs, costs of collection and post-judgment interest at the highest rate allowed by law, for which execution may issue. The Court further finds that no just reason exists to delay entry of this Judgment as a final judgment on Wachovia’s claims against Mr. and Mrs. Ball in this action, and, accordingly, it is ORDERED that, pursuant to Rule 54(b), Federal Rules of Civil 2272789 v1 990009-001 12/28/2009 Dockets.Justia.com Procedure, this Judgment shall constitute a final judgment on Wachovia’s claims against Mr. and Mrs. Ball in this action. January 10 IT IS SO ORDERED this 19th day of ___________________, 20_____. ____ HON. ALETA A. TRAUGER UNITED STATES DISTRICT JUDGE 2272789 v1 990009-001 12/28/2009 -2- Submitted for entry, /s/ Austin L. McMullen Roger G. Jones (No. 11550) Austin L. McMullen (No. 20877) BRADLEY ARANT BOULT CUMMINGS, LLP 1600 Division Street, Suite 700 P.O. Box 340025 Nashville, Tennessee 37203 (615) 244-2582 AMcMullen@BABC.com Attorneys for Plaintiff 2272789 v1 990009-001 12/28/2009 -3-

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