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United States v. Giddens

United States District Court, E.D. North Carolina, Southern Division

July 9, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
WENDY HUDSON GIDDENS, SETH HUDSON GIDDENS, JEREMY L. HUDSON, and JOSHUA L. HUDSON, Defendants.

          ORDER

          LOUISE W. FLANAGAN UNITED STATES DISTRICT JUDGE

         This matter is before the court on plaintiff's motion for summary judgment. (DE 44). Defendants have failed to respond, and the time to respond has expired. In this posture, the issues raised are ripe for ruling. For the reasons stated below, plaintiff's motion for summary judgment is granted.

         STATEMENT OF THE CASE

         Plaintiff, the United States of American on behalf of its agency, the Farm Service Agency (“FSA”), commenced this action by filing complaint on January 11, 2016, seeking judgment for defendants' alleged default on six operating loans.[1] More specifically, plaintiff alleges defendants “applied for FSA loans claiming to farm as individuals conducting their own separate farming operations, ” received Farm Program loans, and are therefore indebted to the FSA. (Compl. (DE 1) ¶¶ 2, 4, 8, 11, 14). Each defendant secured one or more security agreements, and “[d]efendants have failed to make the payment on the said Notes as required therein, although due demand has been made upon them to do so.” (Id. ¶¶ 5, 9, 12, 15, 18). Therefore, plaintiff has “elected and does hereby elect to declare the entire balance of the indebtedness due upon the said Notes, and Security Agreements, together with all amounts due for charges, and advances now due and payable.” (Id. ¶18).

         All defendants filed answer to complaint on March 11, 2016. On April 29, 2016, the court[2]entered scheduling order, providing for all dispositive motions to be filed by December 7, 2017. Following numerous motions and consent motions for extension of time, the parties were directed to file all dispositive motions by March 22, 2018. Plaintiff filed the instant motion for summary judgment on March 21, 2018. In support, plaintiff relies upon promissory notes, security agreements, financing statements, and affidavit of indebtedness as applicable to each defendant.

         Defendants have filed no response.

         STATEMENT OF THE FACTS

         The undisputed facts are as follows.

         1. Defendant Wendy Giddens

         On June 9, 2010, Wendy Giddens executed an FSA promissory note for a loan of money, numbered 44-01. (DE 47-1 at 1). Loan 44-01 to Wendy Giddens was for $200, 000 at 2.875% per annum. (Id.). Wendy Giddens secured this loan by executing a security agreement on June 9, 2010, by a grant in collateral to FSA of 10 breeding bulls, 225 breeding cows, and 120 calves, in addition to farm equipment, including an 8-row bedder, 8-row transplanter, and 8-row cultivator, as well as replacements, substitutions, additions, and accessions thereto. (DE 47-2). FSA filed a financing statement on June 17, 2010, thereby perfecting the June 20, 2010 security agreement in file no. 20100048141B and a continuation on June 25, 2015, in file no. 20150061188C, with the North Carolina Secretary of State. (DE 47-3; DE 47-4; see also DE 1-4).

         The promissory note 44-01 executed by Wendy Giddens on June 9, 2010, fully matured and was due and payable as of November 30, 2017. (DE 47-27). The current amount outstanding principal on the promissory note 44-01 executed by Wendy Giddens as of November 30, 2017, is $119, 295.83. (Id.). The amount of interest which accrued on Wendy Giddens' loan 44-01 through November 30, 2017 is $3, 041.36. (Id.). The total amount delinquent for Wendy Giddens' loan 44-01, the principal outstanding plus interest through November 30, 2017, is $122, 337.19. (Id.). The amount of daily interest accrual for Wendy Giddens' loan 44-01 is $9.3966. (Id.).

         2. Defendant Seth Hudson Giddens

         On February 11, 2010, Seth Hudson Giddens executed an FSA promissory note for a loan of money, numbered 44-01. (DE 47-5 at 1). Loan 44-01 to Seth Hudson Giddens was for $200, 000 at 2.625% per annum. (Id.). Seth Hudson Giddens secured this loan by executing a security agreement on February 11, 2010, by a grant in collateral to FSA of farm equipment, including a tractor, five bulk barn structures, as well as replacements, substitutions, additions, and accessions thereto. (DE 47-6). FSA filed a financing statement on February 12, 2010, thereby perfecting the February 11, 2010 security agreement in file no. 2010011669H and a continuation on December 16, 2014, in file no. 20140115851K, with the North Carolina Secretary of State. (DE 47-7; DE 47-8; see also DE 1-8).

         The promissory note 44-01 executed by Seth Hudson Giddens on February 11, 2010, fully matured and was due and payable as of November 30, 2017. (DE 47-28). The current amount outstanding principal on the promissory note 44-01 executed by Seth Hudson Giddens as of November 30, 2017, is $107, 456.14. (Id.). The amount of interest which accrued on Seth Hudson Giddens' loan 44-01 through November 30, 2017, is $1, 901.08. (Id.). The total amount delinquent for Seth Hudson Giddens' loan 44-01, the principal outstanding plus interest through November 30, 2017, is $109, 357.22. (Id.). The amount of daily interest accrual for Seth Hudson Giddens' loan 44-01 is $7.7280. (Id.).

         3. Defendant Jeremy L. Hudson

         On March 11, 2009, Jeremy L. Hudson executed an FSA promissory note for a loan of money, numbered 44-03. (DE 47-9 at 1). Loan 44-03 to Jeremy L. Hudson was for $100, 000 at 2.0% per annum. (Id.). On November 19, 2009, Jeremy L. Hudson executed an FSA promissory note for a loan of money, numbered 44-04. (DE 47-10 at 1). Loan 44-04 to Jeremy L. Hudson was for $100, 000 at 2.875% per annum. (Id.).

         Jeremy L. Hudson secured loan 44-03 by executing a security agreement on March 11, 2009 by a grant in collateral to FSA of all crops growing, or grown, or harvested in 618 acres of farm land specified in Johnston and Sampson Counties, in addition to farm equipment, including two John Deere tractors and a planter, as well as replacements, substitutions, additions and accessions thereto. (DE 47-11). Jeremy L. Hudson secured loan 44-04 by executing a security agreement on November 19, 2009, by a grant in collateral to FSA of all crops growing, or grown, or harvested in unspecified farmland, including all entitlements, benefits, and payments from all State and Federal farm programs, and all crop indemnity payments, arising from said crops. (DE 47-12).

         FSA filed a financing statement on March 11, 2009, thereby perfecting the March 11, 2009 security agreement in file no. 20090018261M and a continuation on March 11, 2014, in file no. 20140021427E, with the North Carolina Secretary of State. (DE 47-13; DE 47-14). FSA filed a financing statement on November 20, 2009, thereby perfecting the November 19, 2009 security agreement in File No. 20090087471K and a continuation on October 30, 2014, in file no. 20140101554E, with the North Carolina Secretary of State. (DE 47-15; DE 47-16). FSA filed another financing statement on March 10, 2014, thereby perfecting the November 19, 2009 security agreement in file no. 20140021223J, with the North Carolina Secretary of State. (DE 47-17).

         The promissory note 44-03 executed by Jeremy L. Hudson on March 11, 2009, fully matured and was due and payable as of November 30, 2017. (DE 47-30). The current amount outstanding principal on the promissory note 44-03 executed by Jeremy L. Hudson as of November 30, 2017, is $31, 329.34. (Id.). The amount of interest which accrued on Jeremy L. Hudson's loan 44-03 through November 30, 2017, is $1, 709.81. (Id.). The total amount delinquent for Jeremy L. Hudson's loan 44-03, the principal outstanding plus interest ...


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