Opinion
CASK NO. 4:11-cv-00567-KGB
12-07-2012
ONE BANK & TRUST, N. A. PLAINTIFF v. CARMELO GALEA a/k/a CHARLES GALEA, Individually, FAE A. GALEA, Individually, and ANTHONY W. 1MBIMBO, as Trustee of THE CARMELO GALEA FAMILY INSURANCE TRUST DEFENDANTS
HOPKINS LAW FIRM A Professional Association Attorneys at Law Stowart Headlee Gregory M. Hopkins Attorneys for Plaintiff ROSE LAW FIRM, P.A. Richard T. Donovan Betsy Tamer-Fry Attorneys for Defendants
JUDGMENT
For the reasons set forth in the Court's Opinion and Order entered on December 3, 2012 (Doc. 65), IT IS HEREBY ORDERED AND ADJUDGED THAT Plaintiff, One Bank & Trust. N.A.'s ("One Bank" or "Plaintiff) Motion for Summary Judgment (Doc. 47) is GRANTED in favor of Plaintiff as to Defendants' counterclaims for fraud and mutual mistake, and GRANTED in favor of Plaintiff as to Plaintiff's claims against The Carmclo Galea Family Insurance Trust on that certain Promissory Note and Security Agreement, as modified, ("Note No. 177714") and against Carmelo Galea a/k/a Charles Galea on that certain Guaranty Agreement
Plaintiff's claim against Fae A. Galea has been dismissed without prejudice pursuant to a Stipulation of Dismissal submitted by the parties contemporaneous with this Judgment.
THEREFORE, IT IS CONSIDERED, ORDERED AND ADJUDGED that One Bank & Trust, N.A., is hereby granted in personant judgment against Anthony W. Imbimbo, as Trustee of the Carmelo Galea Family Insurance Trust, and Carmclo Galea a/k/a Charles Galea, jointly and severally, in the amount of Two Million 'Three Hundred Twenty- Four Thousand One Hundred Fifty-Four and 92/100 Dollars ($2,324,154.92), consisting of an unpaid principal balance owed on Note No. 177714 of $ 1,738,590.00, plus accrued pre-judgment interest as of December 5, 2012 in the amount of $585,564.92, with interest accruing on the judgment pursuant to applicable law; and
IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that, pursuant to Rule 54(d), Federal Rules of Civil Procedure, and Local Rule 54,1, One Bank & Trust, N.A., shall also he awarded its court costs, attorney's fees, and related nontaxable expenses in the amounts to be determined by this Conn by further proceeding and a separate motion by Plaintiff;
IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that this Court retains control of this cause for such orders as may be necessary to enforce and protect the rights of the parties hereto.
_________________________
HONORABLE KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
APPROVED AND ENTRY REQUESTED BY: HOPKINS LAW FIRM
A Professional Association
Attorneys at Law
By: _________________________
Stowart Headlee
Gregory M. Hopkins
Attorneys for Plaintiff APPROVED AS TO FORM: ROSE LAW FIRM, P.A.
By: _________________________
Richard T. Donovan
Betsy Tamer-Fry
Attorneys for Defendants