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Indigo AG, Inc. v. Mobley Pond Farm, Inc.

United States District Court, S.D. Georgia, Augusta Division

October 2, 2019

INDIGO AG, INC., Plaintiff,
v.
MOBLEY POND FARM, INC. and TAMMY CAIN, Defendants.

          Nina Maja Attorney for Plaintiff .

          ORDER

          J.RANDALL HALL, CHIEF JUDGE

         Before the Court are the following motions: (1) Plaintiff's Motion for Default Judgment (Doc. 8) and (2) Plaintiff's Motion to Lift Stay and for Entry of Consent Judgment (Docs. 11, 11-1). On May 17, 2019, the Court ordered the present action stayed. (Order, Doc. 10.) The Order permits lifting the stay upon a party filing a motion and the Court finding lifting the stay is proper. (Id.) Defendants filed no opposition to the motion, and the -Court finds entering the Parties' proposed Consent Judgment is sufficient justification to lift the stay.

         Upon due consideration, IT IS HEREBY ORDERED that Plaintiff's Motion to Lift Stay and for Entry of Consent Judgment (Doc. 11) is GRANTED. The Consent Judgment, attached hereto and signed, SHALL constitute a final judgment in this matter. Accordingly, Plaintiff's motion for default judgment (Doc. 8) is DENIED AS MOOT. The Clerk is DIRECTED to TERMINATE all pending motions and deadlines, if any, and CLOSE this case. The Parties agree that the Court shall retain jurisdiction over this matter and the Parties as may be necessary to enforce the provisions of the Consent Judgment. (Consent J., at 6.)

         ORDER ENTERED.

         CONSENT JUDGMENT

         COMES NOW Plaintiff Indigo Ag, Inc. ("Indigo" or the "Plaintiff') and Defendants Mobley Pond Farm, Inc. ("Mobley Pond Farm") and Tammy Cain ("Cain") (collectively, the "Defendants"), by and through their respective counsel, and advise that a settlement agreement (the "Agreement") has been reached in this action with respect to the allegations against the Defendants described in the Complaint.

         Under the terms of the Agreement, the parties agree that the claim for money damages in the principal amount of NINETY THOUSAND NINE HUNDRED AND SIXTY-FIVE AND 00/100 DOLLARS ($90, 965.00), less credits for all amounts paid by Defendants before the date this Consent Judgment is filed, plus pre- and post-judgment interest, costs and attorneys' fees is granted.

         As a term of the Agreement, Defendants agree to pay Indigo the sum of One Thousand and 00/100 Dollars ($1, 000.00) upon execution of the Agreement.

         As a term of the Agreement, Defendants agree to pay Indigo Ten Thousand and 00/100 Dollars ($10, 000) on or before June 25, 2019.

         As a term of the Agreement, Defendants agree to pay Indigo Thirty-Nine Thousand Nine Hundred and Eighty-Two and 50/100 Dollars ($39, 982.50) on or before December 10, 2019.

         As a term of the Agreement, the Defendants agree to pay to Indigo Thirty-Nine Thousand Nine Hundred and Eighty-Two and 50/100 Dollars ($39, 982.50) on or before March 10, 2020 at which time the judgment will be considered to be fully satisfied. Payment shall be made payable to "Indigo Ag, Inc." and the Defendants may prepay this Judgment in whole or in part at any time without penalty.

         As a further term of the Agreement, if the Defendants fail to satisfy any of their payment obligations as agreed in the Agreement, Indigo is authorized to file this Consent Judgment with the Court for the entire amount due, less credits for all amounts paid by Defendants before the date this Consent ...


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