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.
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, ...