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Bmo Harris Bank N.A. v. American Road Transport LLC

United States District Court, D. Utah

May 22, 2017

BMO HARRIS BANK N.A., a nation banking association, Plaintiff,
v.
AMERICAN ROAD TRANSPORT LLC F/K/A JLOZANO TRUKING, LLC, a Utah limited liability company, and JENNY LOZANO, an individual resident and citizen of Utah, Defendants.

          MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR DEFAULT JUDGMENT AND FINDINGS AND CONCLUSIONS OF LAW

          David Nuffer District Judge

         Plaintiff BMO Harris Bank N.A. (BMO) filed the Motion for Default Judgment (Motion).[1] After reviewing the Motion and the accompanying affidavits this order GRANTS the Motion and makes the following findings:

1. On December 2, 2016, BMO filed the Verified Complaint.[2]
2. On December 6, 2016, the Complaint was served on all defendants.[3]
3. For failure to appear or otherwise defend within the time allowed by the law, a default certificate was entered.[4]
4. On May 12, 2017, BMO filed this Motion.[5]
5. Upon default, the defendants are “taken to have conceded the truth of the factual allegations in the complaint as establishing the grounds for liability as to which damages will be calculated.”[6]
6. “If defendant does not contest the amount prayed for in the complaint by failing to answer and the claim is for a sum certain or a sum that can be made certain by computation, the judgment generally will be entered for that amount without any further hearing.”[7]
7. Defendant American Road Transport LLC f/k/a JLozano Trucking, LLC, entered into the Loan and Security Agreement[8] with GE Capital Commercial Inc., BMO's predecessor-in-interest.[9]
8. Under the Loan and Security Agreement, American Road Transport agreed to pay GE Capital Commercial $163, 874.88, including interest.[10]
9. Defendant Jenny Lozano is the guarantor of the loan.[11]
10. Jenny Lozano “guaranteed the full and timely performance of [American Road Transport] under all of its present and future liabilities.”[12]
11. American Road Transport “failed to make the May 1, 2016 payment due under the Agreement. [American Road Transport's] defaults under the [Loan and Security Agreement] are continuing.”[13]
12. “[A]s of the date of the default, the principal amount due and owing after acceleration totals not less than $84, 345.65.”[14]
13. Under the Loan and Security Agreement, American Road Transport “is obligated to pay interest on all unpaid amounts at the default interest rate of eighteen percent (18%) per annum or the maximum rate not prohibited by applicable law.”[15] Between the date of default, May 1, ...

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