United States of America v. Hacienda Mesa LLC et al
||United States of America
||Hacienda Mesa LLC, Sergio R Mesa, CNH Capital America LLC and Deere & Company
||December 8, 2015
||US District Court for the District of South Carolina
||R Bryan Harwell
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1335
|Jury Demanded By:
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|April 21, 2017
DEFAULT JUDGMENT is entered by the Clerk in favor of United States of America against Hacienda Mesa LLC. (hcic, )
|March 6, 2017
ORDER RULING ON REPORT AND RECOMMENDATION: The Court finds no clear error and therefore adopts and incorporates by reference the Magistrate Judge's R & R [ECF No. 51 ], except with respect to the Magistrate Judge' s recommendation concerning Defendant Hacienda Mesa, LLC, which is now in default. Accordingly, the Court GRANTS IN PART AND DENIES IN PART Plaintiff's motion for summary judgment [ECF No. 40 ]. Specifically, the Court:(1) GRANTS Plaintif fs motion for summary judgment as to Sergio R. Mesa's liability;(2) DISMISSES Sergio R. Mesa's counterclaims with prejudice; and(3) DENIES AS MOOT Plaintiff's motion for summary judgment against Hacienda Mesa, LLC beca use the Clerk has entered default against Hacienda Mesa, LLC. Any judgment against Hacienda Mesa, LLC should be sought under Federal Rule of Procedure 55(b).Moreover, based on the record currently before it, the Court DENIES WITHOUT PREJUD ICE Plaintiff's request for an order awarding it possession of the secured collateral and Plaintiff's request for an unspecified amount of attorney's fees. The Court at this time DEFERS a ruling as to damages and remedy as to all pa rties. Procedurally, Plaintiff should now file a proper motion under Federal Rule of Civil Procedure 55 regarding the relief it seeks, as summary judgment has been entered against Sergio R. Mesa and defaults entered against Hacienda Mesa, LLC, CNH Capital America, LLC, and Deere & Company. Signed by the Honorable R. Bryan Harwell on 3/6/2017. (hcic, )
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