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Lyon Financial Services, Inc., Doing Business As Us Bancorp Manifest Funding Services v. Rjaei

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


February 23, 2010

LYON FINANCIAL SERVICES, INC., DOING BUSINESS AS US BANCORP MANIFEST FUNDING SERVICES, PLAINTIFF,
v.
RJAEI, INC., DOING BUSINESS AS DOMINOS, ROBERT STEPHENSON, AND JOYCE STEPHENSON, DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on Lyon Financial Services, Inc.'s ("Lyon") Motion for Entry of Judgment (Doc. 14). Specifically, upon Defendants' recently purported breach of the parties' settlement agreement, Lyon seeks judgment against Defendants for damages, interest, and attorneys' fees and costs for a total of $91,435.42.

In its Memorandum and Order (Doc. 16) of January 4, 2011, the Court vacated the original Judgment (Doc. 13) in this case and reinstated this matter. The Court also ordered Defendants to enter their appearance and respond to the instant motion by February 18. That date has since passed, and Defendants have yet to enter their appearance, let alone respond to Lyon's motion.

The Court has thoroughly reviewed the contents of Lyon's motion and the attachments thereto. By failing to pay the requisite $1,500.00 installment for August 2010, Defendants breached the parties' settlement agreement on August 25, 2010, and, pursuant to the settlement agreement, such breach warrants damages, interest, and attorneys' fees and costs in Lyon's favor. More precisely, Defendants are liable for principal in the amount of $83,526.41, interest in the amount of $3,583.53, and $4,325.48 in attorneys' fees and costs.*fn1

Accordingly, the Court GRANTS the instant motion (Doc. 14), and DIRECTS the Clerk of Court to enter judgment in Lyon's favor and against Defendants in the amount of $91,435.42. IT IS SO ORDERED.

J. Phil Gilbert


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