Free Motion for Judgment - District Court of Colorado - Colorado

Case 1:04-cv-00592-WDM-PAC

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-CV-592-WDM-PAC

THE KIT CARSON STATE BANK, a Colorado corporation Plaintiff, v. JACQUELINE L. HATCHER, MIKE SPINI, and HUGHS LIVESTOCK, INC., a Kansas corporation, Defendants.

PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT AGAINST DEFENDANT HUGHS LIVESTOCK, INC.

Plaintiff The Kit Carson State Bank ("Kit Carson") hereby moves the Court to enter judgment in its favor and against Defendant Hughs Livestock, Inc. ("Hughs Livestock"). In support, Kit Carson states as follows: 1. This case was filed on March 25, 2004. The Complaint set forth six causes

of action. The Fifth Cause of Action seeks to recover against Hughs Livestock amounts owed under the May 15, 2003 loan made to it. 2. On or about September 14, 2005, Kit Carson filed its Motion to Vacate Trial

Preparation Conference and Trial and Status Report. In that pleading, Kit Carson provided the Court

Case 1:04-cv-00592-WDM-PAC

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with a copy of correspondence sent by Hughs Livestock in which Hughs Livestock agreed to confess judgment. 3. Shortly thereafter, Hughs Livestock actually filed its Confession of Judgment

confessing that it owed Kit Carson $144,358.85 and asking the Court to enter to judgment in favor of Kit Carson for that amount. A copy of the Confession of Judgment is attached hereto. 4. Hughs Livestock filed its Confession of Judgment following discussions

between counsel and based on its and its counsel's review of Kit Carson's calculation of its damages as set forth below: Principal: Interest through Sept. 2, 2005: Fees: Costs: Total: 5. $113,156.60 15,632.82 14,851.20 718.23 $144,358.85

Accordingly, Kit Carson moves the Court to enter judgment in its favor in the

amount of $144,358.85 plus statutory interest, from and after the date of the entry of judgment. As set forth in its Confession of Judgment, Hughs Livestock agrees to the entry of judgment in this amount. 7. Because there is a guaranty of the Hughs Livestock obligation it is not

appropriate for the original promissory note to be cancelled upon the entry of judgment. WHEREFORE, Plaintiff The Kit Carson State Bank requests this Court to (a) grant its Motion for Entry of Judgment Against Defendant Hughs Livestock, Inc.; (b) enter judgment in favor of The Kit Carson State Bank and against Defendant Hughs Livestock, Inc. in the amount of

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$144,358.85 with statutory interest, from and after the date of the entry of judgment; and (c) for such other and further relief as is just. DATED this 7th day of November, 2005. SHERMAN & HOWARD L.L.C.

/s Kimberley H. Tyson Kimberley H. Tyson, #18592 633 17th Street, Suite 3000 Denver, CO 80202 Telephone: (303) 297-2900 Facsimile: (303)298-0940 E-mail: [email protected] Attorneys for Plaintiff The Kit Carson State Bank

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CERTIFICATE OF SERVICE I hereby certify that on this 7th day of November, 2005, I electronically filed the foregoing PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT AGAINST DEFENDANT HUGHS LIVESTOCK, INC. with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Wm. Andrew Wills II, Esq. Wills & Adams, LLP 2 North Cascade Avenue, Suite 1000 Colorado Springs, Colorado 80903 [email protected] and that a true and correct copy of the foregoing, was sent by United States mail, first-class postage prepaid, addressed to the following: Michael Spini P.O. Box 781 Syracuse, Kansas 67878

s/ Diane Collier

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