Frontier Bank et al v. Jones & Jones Construction LLC et al, No. 2:2013cv01084 - Document 25 (N.D. Ala. 2014)
Court Description: MEMORANDUM OPINION. Signed by Judge R David Proctor on 9/2/2014. (AVC)
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FILED 2014 Sep-02 PM 12:10 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION HERITAGE BANK OF THE SOUTH, as successor to Frontier Bank, Plaintiff, v. JONES & JONES CONSTRUCTION LLC, et. al., Defendants. } } } } } } } } } } } Case No.: 2:13-cv-01084-RDP MEMORANDUM OPINION On August 15, 2014, the Magistrate Judge s Second Report and Recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the Magistrate Judge. (Doc. # 23). No objections were filed. After careful consideration of the record in this case and the Magistrate Judge s Report and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge. The court further ACCEPTS the recommendations of the Magistrate Judge that Heritage Bank s Motion for Summary Judgment or, in the Alternative, for Default Judgment (Doc. # 14) be granted and that: (1) default be entered in favor of Plaintiff Heritage Bank and against Defendant Jones & Jones on the claim for breach of the note; (2) summary judgment be entered in favor of Heritage Bank and against Mr. Jones on the breach of guaranty claim; (3) summary judgment be entered in favor of the FDIC on any counterclaim asserted by Mr. Jones, and (4) Heritage Bank be awarded the attorneys fees sought. A separate order in accordance with this Memorandum Opinion will be entered. DONE and ORDERED this September 2, 2014. _________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2
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