Opinion
Case No. 1:12-cv-01149
06-19-2012
MB FINANCIAL BANK, N.A., a national banking association and successor in interest to Benchmark Bank, Plaintiff, v. THG RESTAURANT GROUP, LLC, a Georgia limited liability company; THG HOLDINGS, LLC, a Georgia limited liability company; and WOODROW A. HALL, an individual, Defendants.
Judge Edmond E. Chang
PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 55
Pursuant to Federal Rule of Civil Procedure 55, the Plaintiff, MB Financial Bank, N.A., moves for default judgment for the reasons set forth herein and in Plaintiffs Memorandum of Law in Support of its Motion for Default Judgment.
1. The Complaint was served on Defendant THG Restaurant Group, LLC on March 28, 2012. See Exhibit 1 to Plaintiffs Memorandum of Law in Support of its Motion for Default Judgment.
2. The Complaint was served on Defendant THG Holdings, LLC on February 27, 2012. See Exhibit 2 to Plaintiffs Memorandum of Law in Support of its Motion for Default Judgment.
3. The Complaint was served on Woodrow A. Hall on February 27, 2012. See Exhibit 3 to Plaintiffs Memorandum of Law in Support of its Motion for Default Judgment.
4. On May 1, 2012, the Court entered as Order requiring the Defendants to file their answers or other pleadings responsive to Plaintiffs Complaint by May 31, 2012.
5. The Defendants have failed to file any answers or other pleadings responsive to Plaintiffs Complaint.
WHEREFORE, the Plaintiff, MB Financial Bank, N.A., respectfully requests that this Court enter an Order of default judgment in favor of Plaintiff and against Defendants THG Restaurant Group, LLC, THG Holdings, LLC, and Woodrow A. Hall in the amount of $268,793.45 (Two Hundred Sixty-Eight Thousand, Seven Hundred Ninety-Three and 45/100 Dollars), plus additional interest which has accrued since the filing of this motion and attorneys' fees and costs in the amount of $5,370.65 (Five Thousand, Three Hundred Seventy and 65/100 Dollars), and for such further relief as this Court deems equitable and just.1
Respectfully Submitted,
MB FINANCIAL BANK, N.A.
By: Rebecca S. Carlson
One of its Attorneys
Robert L. Dawidiuk, ARDC #6282717
Megan A. Drefchinski, ARDC #6282782
Rebecca S. Carlson, ARDC #6303013
The Collins Law Firm, P.C.
1770 N. Park Street, Suite 200
Naperville, IL 60563
(630) 527-1595
Plaintiffs Proposed Order is attached hereto and incorporated herein as Exhibit "A.r
EXHIBIT A
MB FINANCIAL BANK, N.A., a national banking association
and successor in interest to Benchmark Bank, Plaintiff,
v.
THG RESTAURANT GROUP, LLC, a Georgia limited liability company; THG HOLDINGS, LLC,
a Georgia limited liability company; and WOODROW A. HALL, an individual, Defendants.
Case No. 1:12-cv-01149
ORDER
This matter coming to be heard on Plaintiffs Motion for Default Judgment, due notice having been given and the Court being fully advised in the premises, it is hereby ORDERED:
(1) Plaintiffs Motion for Default Judgment against Defendants THG Restaurant Group, LLC, THG Holdings, LLC and Woodrow A. Hall is granted.
(2) Judgment is entered in favor of Plaintiff and against Defendants THG Restaurant Group, LLC, THG Holdings, LLC and Woodrow A. Hall in the amount of $269,098.04 (Two Hundred Sixty-Nine Thousand, Ninety-Eight and 04/100 Dollars), plus attorneys' fees and costs in the amount of $5,370.65 (Five Thousand, Three Hundred Seventy and 65/100 Dollars), for a total judgment in the amount of $274,468.69 (Two Hundred Seventy-Four Thousand, Four Hundred Sixty-Eight and 69/100 Dollars).
(3) The Court reserves and retains jurisdiction of the subject matter of this lawsuit and of the parties hereto for the purpose of enforcing this Order.
ENTERED:
___________
JUDGE