Wells Fargo Equipment Finance v. Stubbs et al, No. 2:2009cv00813 - Document 8 (D. Utah 2010)

Court Description: MEMORANDUM DECISION and Ordergranting 5 Motion for Judgment on the Pleadings. Plaintiff's Motion is GRANTED, and the Clerk of the Court is directed to close the case and enter judgment in favor of Plaintiff and against Defendants in the amount , as of August 28, 2009, of $479,590.67; for interest, late charges, and other fees accruing after that date pursuant to the terms of the Agreements; and for Wells Fargo's costs and attorney's fees incurred to pursue this action, to be established by declaration. Signed by Judge Dale A. Kimball on 01/11/2010. (kpf)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION WELLS FARGO EQUIPMENT FINANCE, Plaintiff, MEMORANDUM DECISION AND ORDER v. JAY D. STUBBS and TRAVIS S. STUBBS, Case No. 2:09-CV-813DAK Judge Dale A. Kimball Defendants. On November 16, 2009, Plaintiff filed a Motion for Judgment on the Pleadings. Defendants response to Plaintiff s motion was due December 21, 2009. However, as of the date of this Order, Defendants have not responded to Plaintiff s motion. Therefore, pursuant to DUCivR 7-1(d), this court grants Plaintiff s Motion for Judgment on the Pleadings based upon Defendants failure to respond. Moreover, the motion appears to be warranted based on the specific circumstances in this case in which Defendants appear to have admitted to their liability in their Answer. Accordingly, Plaintiff s motion is GRANTED, and the Clerk of the Court is directed to close the case and enter judgment in favor of Plaintiff and against Defendants in the amount, as of August 28, 2009, of $479,590.67; for interest, late charges, and other fees accruing after that date pursuant to the terms of the Agreements; and for Wells Fargo s costs and attorneys fees incurred to pursue this action, to be established by declaration. DATED this 11th day of January, 2010. BY THE COURT: DALE A. KIMBALL United States District Judge