Ford Motor Credit Company LLC. v. H.M. Smith Ford, Inc. et al, No. 1:2012cv00192 - Document 42 (S.D. Ga. 2014)
Court Description: ORDER directing the Clerk to restore this case to the Court's active docket. It is Hereby Ordered that said Consent Order shall constitute a final judgment in this matter, subject to the following terms. See Order for details. Defendants shall have until 5:00 p.m. on Thursday, January 15, 2015 to file their stipulation of dismissal of counterclaims pursuant to Paragraph 5 of the parties' Consent Order. This Court shall retain jurisdiction over this matter and the parties as may be necessary to enforce the terms of the parties' Consent Order should either party so move at a later date. Compliance due by 5:00 p.m. on 1/15/2015. Signed by Judge J. Randal Hall on 12/16/2014. (thb)
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Ford Motor Credit Company LLC. v. H.M. Smith Ford, Inc. et al IN THE UNITED FOR THE Doc. 42 STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION FORD MOTOR CREDIT COMPANY LLC, * * Plaintiff, * * v. * CV 112-192 * H.M. SMITH FORD, INC.; M. DANIEL* SMITH; M. DANIEL SMITH, in his * representative capacity as * trustee of * the M. Daniel Smith Trust; and KENNETH L. DARIEN, * * Defendants. * ORDER On September statistical settlement seek to 23, purposes as the pending agreement enter 2014, Court the documents. an order of parties' (Doc. this closed case for formalization 38.) Court this The their parties Consent of now Decree, which condenses certain pertinent issues otherwise addressed in the parties' 41.) For Clerk to HEREBY "Settlement Agreement good RESTORE ORDERED cause this that shown, case to and Mutual therefore, the said Consent Court's Order the Release." Court active SHALL (Doc. DIRECTS docket. constitute the IT a IS final judgment in this matter, subject to the following terms: 1. Defendants agree to pay to Plaintiff, and Plaintiff agrees to accept from Defendants, a sum described more fully in the Settlement Agreement and Mutual Release executed concurrently with this Consent Order in settlement of Plaintiff's claims against Defendants in the above-styled civil action (the "Agreement"). Such sum shall be paid in installments as follows: Dockets.Justia.com (a) Beginning on installments Agreement on month until the 15th day of December, 2014, shall be paid pursuant to the or before the 15th day of every Plaintiff has received described in the Agreement, plus the total interest. sum The Agreement provides that Defendants shall make 72 equal payments, however there will be no prepayment penalty should Defendants desire to pay off the settlement amount sooner than provided herein. All payments Defendants make shall be made payable to Ford Motor Credit Company LLC. Defendants' first payment shall delivered to be made Ford in certified Credit's funds, counsel. mailed All or remaining payments shall be made or delivered to Ford Credit at: Ford Motor Credit Company LLC Dept. P.O. 194101 Box 55000 Detroit, Michigan 48255-1941 Time is of the essence in the performance of the obligations stated in this Consent Order and in the Agreement. Defendants agree that if they default on any term in this Consent Order, Plaintiff may immediately obtain judgment against Defendants in the amount of $161,751.72, plus interest accruing at the per diem rate of $27.17 from June 30, 2014, minus any amount paid pursuant to this Agreement, upon presentment Consent Order, and to the Court of the an affidavit from Plaintiff or its counsel demonstrating: (1) the breach of a term of this Consent Order or the Agreement; (2) the balance then due and owing under this Consent Order and the Agreement; (3) that Plaintiff sent M. Daniel Smith notice of its intent to request entry of a judgment pursuant to this Consent Order (the "Notice"), and provided Defendants with an opportunity to cure their default, at least ten (10) days prior to seeking judgment; and (4) the default was not cured. Plaintiff Daniel Smith via U.S. shall send the Notice to M. Mail and electronic mail at: 11 Palmetto Parkway, Suite 104 Hilton Head, SC 29926 dansmith@capfg.com and to below. his counsel via electronic mail at the address 4. When the Defendants satisfy their payment obligations described herein and in the Agreement, Plaintiff agrees to immediately dismiss the above-styled civil action with prejudice. 5. Upon receiving an executed copy of the Agreement, Defendants agree to immediately dismiss any and all counterclaims made in this action with prejudice. Defendants shall take nothing on any counterclaims. 6. Subject to the Defendants filing dismissal with prejudice of all claims and counterclaims pursuant to paragraph 14 of the Agreement, the clerk is hereby directed to administratively close this case pending the Plaintiff filing an affidavit for judgment pursuant to dismissal with paragraph 3 prejudice of the pursuant Agreement to or a 4 of paragraph the Agreement. Defendants SHALL have until 5; 00 PM on THURSDAY, JANUARY 15, 2015 to file their stipulation of dismissal of counterclaims pursuant Court to Paragraph further DIRECTS 5 of the Defendants parties' to Consent move for Order. The administrative closure of this case at that time pursuant to Paragraph 6 of the parties' Consent Order. This Court SHALL retain jurisdiction over this matter and the parties as may be necessary to enforce the terms of move at a the parties' Consent Order should either party so later date. ORDER ENTERED at Augusta, December, Georgia, this /u>^ clay of 2014. HONORABLE J'. RANDAL HALL UNITEJ) STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA
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