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ING Bank, fsb v. Simmons

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 16, 2010

ING BANK, FSB, PLAINTIFF,
v.
RAYMOND S. SIMMONS, AN INDIVIDUAL; MICHAEL HUTCHINSON, AN INDIVIDUAL; CONTEMPO HOMES, INC., A CALIFORNIA CORPORATION, DEFENDANTS.

Date: February 22, 2010

Time: 9:30 a.m.

Courtroom: 1600

Action Filed: July 17, 2009

[PROPOSED] DEFAULT JUDGMENT BY COURT AGAINST DEFENDANT CONTEMPO HOMES, INC.

Upon the default of defendant Contempo Homes, Inc. on plaintiff ING Bank, fsb's Complaint in the above-captioned action, as entered by the Clerk of this Court on January 14, 2010, and for good cause shown:

JUDGMENT IS ENTERED BY THE COURT AS FOLLOWS:

Judgment is for plaintiff ING Bank, fsb ("Plaintiff"), and against defendant Contempo Homes, Inc. ("Defendant"). Defendant is jointly and severally liable for the following amounts with co-defendants Raymond Simmons and Michael Hutchinson.

Amount

A. On Plaintiff's First Cause of Action for Breach of Contract, Plaintiff is awarded $6,618,074.41 in damages against Defendant, which includes:

1. Loan principal in the amount of $6,120,507.61.

2. Accrued and unpaid interest through January 26, 2009 in the amount of $475,614.78.

3. Contractual late charges through January 26, 2009 in the amount of $21,952.02;

B. Plaintiff is further awarded its recoverable costs against Defendant in an amount to be determined upon Plaintiff's timely filing of a Bill of Costs with the Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1); and

C. Plaintiff is also awarded its attorney's fees against Defendant in the amount of $130,361.48, pursuant to Local Rule 55-3.

20100216

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