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Bank of Commerce v. Bsj Partners, LLC

United States District Court, Fourth Circuit

October 1, 2013

BANK OF COMMERCE, Plaintiff,
v.
BSJ PARTNERS, LLC, et al., Defendants

REPORT AND RECOMMENDATIONS

STEPHANIE A. GALLAGHER, Magistrate Judge.

This Report and Recommendations addresses the Amended Complaint for Confessed Judgment that Plaintiff, Bank of Commerce ("Commerce") filed against Defendants BSJ Partners, LLC ("BSJ"), Clearview Restaurant, LLC ("Clearview Restaurant"), Clearview Golf and Country Club, LLC ("Clearview Golf and Country Club"), Jon Scott Shilling, Heather R. Shilling, and Jeffrey Todd Shilling (collectively "the Shillings"), Bruce Steinmiller, and Linda Steinmiller (collectively, "the Steinmillers") (all collectively, "Defendants"), ECF No. 21.[1] On August 16, 2013, in accordance with 28 U.S.C. ยง 636 and Local Rules 301 and 302, Judge Hollander referred this case to me to review Plaintiff's Complaint for Confessed Judgment and to issue a Report and Recommendations. ECF No. 7. For the reasons stated herein, I recommend that the Clerk of the Court enter the confessed judgment.

Local Rule 108.1.a requires that a plaintiff seeking entry of a confessed judgment file a complaint, accompanied by:

1. the written instrument that
(a) authorizes the confessed judgment; and
(b) entitles the plaintiff to a claim for liquidated damages;
2. an affidavit of the plaintiff or someone on behalf of the plaintiff, stating:
(a) the circumstances under which the defendant executed the written instrument;
(b) the age and education of the defendant, if known;
(c) the amount due under the written instrument; and
(d) the defendant's post office address (including the street address if needed to effect mail delivery).

The Court may direct the entry of judgment upon a finding that the documents attached to the Complaint prima facie establish:

1. the defendant's voluntary, knowing, and ...

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