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Mercedes-Benz Financial Services USA LLC v. Auto Trans Group, Inc.

United States District Court, N.D. Illinois, Eastern Division

March 22, 2018

MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company, Plaintiff,
v.
AUTO TRANS GROUP INC., an Illinois corporation; and VIOLET MIHAYLOVA, an individual, Defendants.

          MERCEDES-BENZ FINANCIAL SERVICES USA LLC, Sara E. Lorber One of Its Attorneys

          MERCEDES-BENZ FINANCIAL SERVICES USA LLC'S MOTION FOR ENTRY OF DEFAULT ORDER AND JUDGMENT AS TO ALL DEFENDANTS

         Plaintiff Mercedes-Benz Financial Services USA LLC (“MBFS”) brings its Motion for Entry of Default Order and Judgment against defendants Auto Trans Group, Inc. (“ATG”) and Violet Mihaylova (“Mihaylova”) in the above-captioned case on the following grounds:

         1. MBFS' Amended Complaint was filed on November 30, 2017, for collection of amounts owed under four promissory notes executed by ATG (the “Secured Loan Agreements”) and personal guaranties of the Secured Loan Agreements executed by Defendant Mihaylova (collectively, the “Mihaylova Guaranties”)[Dkt. No. 6]. Copies of the Secured Loan Agreements and Mihaylova Guaranties are attached to the Amended Complaint as Exhibits A-G and are incorporated in this Motion by reference. (Ex. A, Amended Complaint.)

         2. Service was made on Defendants on November 29, 2017, and a copy of the proof of service was filed with the Court on December 5, 2017 [Dkt. No. 12].

         3. The Defendants have appeared in this case by counsel [Dkt. No. 17].

         4. The Defendants we given until January 19, 2018, to respond to the Amended Complaint [Dkt. No. 16]. Defendants have failed to respond to the Amended Complaint.

         5. Pursuant to Federal Rule of Civil Procedure 8(b)(6), an allegation, other than one relating to the amount of damages, is admitted if a responsive pleading is required and the allegation is not denied. Accordingly, ATG and Mihaylova have admitted to all facts alleged in the Amended Complaint, including, but not limited to: (a) they entered the Secured Loan Agreements and Mihaylova Guaranties; (b) they breached the terms of the Secured Loan Agreements and Mihaylova Guaranties by, among other things, failing to pay the Indebtedness (as defined in the Amended Complaint); (c) MBFS performed its obligations under the Secured Loan Agreements and Mihaylova Guaranties; and (d) MBFS has a perfected first priority security interest in the Equipment Collateral (as defined in the Amended Complaint); and MBFS is entitled to foreclosure is secured interest in the Equipment Collateral. See Amended Complaint at ¶¶ 8-16, 19, 26, and 47.[1]

         6. The admitted facts demonstrate that MBFS is entitled a money judgment against ATG and Mihaylova on the breach of contract claims (Counts I and IV). See Amended Complaint at ¶¶ 34-39 and 63-70.

         7. The Amended Complaint sets forth a sum certain for the amount due under the Secured Loan Agreements as of October 17, 2017, and provided that interest continues to accrue under the Secured Loan Agreements.

         8. As of March 22, 2018, the total deficiency due under the Secured Loan Agreements and owing under the Mihaylova Guaranties was $772, 310.22, exclusive of attorneys' fees and costs, plus continuing interest at the contract rates, calculated as follows:

ACCOUNT NUMBER

VIN NUMBER

DEFICIENCY BALANCE

PRINCIPAL

INTEREST

CHARGES

1000246519001

3AKJGLD54ESFV5143

55, 891.61

52, 495.39

1, 791.92

1, 604.30

5000002814001

3AKJGLD54FSGH0595

82, 871.07

72, 930.09

1, 455.92

8, 485.06

3AKJGLD58FSGH0583

77, 691.16

72, 930.07

1, 807.07

2, 954.02

5000020174001

3AKJGLD5XFSGM6077

46, 862.90

39, 271.54

3, 184.86

4, 406.50

5000029216001

3AKJGLD59GSGX1604

102, 189.60

94, 602.86

2, 101.35

5, 485.39

3AKJGLD57GSGX1603

102, 304.44

94, 602.97

2, 101.35

5, 600.12

3AKJGLD55GSGX1602

101, 920.25

94, 602.93

2, 101.35

5, 215.97

3AKJGLD53GSGX1601

101, 289.71

94, 602.97

2, 101.35

4, 585.39

3AKJGLD51GSGX1600

101, 289.48

94, 602.94

2, 101.35

4, 585.19

772, 310.22

710, 641.76

18, 746.52

42, 921.94

         (Ex. B, Declaration of Karen Rennie.)

         9. Under the terms of the Secured Loan Agreements and Mihaylova Guaranties, ATG and Mihaylova are liable to MBFS for all expenses, including attorneys' fees and costs, incurred by MBFS in enforcing its rights to collect the indebtedness due.

         10. Defendants, jointly and severally, owed MBFS $38, 595.12 in attorneys' fees and costs. (Ex. C, ...


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