Huntington National Bank v. Ultimate Outdoor Movies LLC

U.S. District Court, District of Minnesota April 16, 2024

Trial Court Opinion

               UNITED STATES DISTRICT COURT                             
                   DISTRICT OF MINNESOTA                                


Huntington National Bank,           Case No. 23-cv-01288 (KMM/DLM)       
successor-by-merger to TCF National                                      
Bank,                                                                    

Plaintiff,

ORDER

Ultimate Outdoor Movies LLC dba
Ultimate Outdoors Entertainment and
Laura L. Landers,

Defendant.

This matter is before the Court on Plaintiff Huntington National Bank’s
(“Huntington”) Motion for Default Judgment. ECF 19. Defendants have failed to respond
to Huntington’s Complaint, did not file any response to the Motion for Default Judgment,
and have otherwise made no appearance in this litigation. Based on the following
findings of fact and conclusions of law, the motion is granted.
Findings of Fact
1. Huntington filed its Complaint in this matter on May 10, 2023, naming Ultimate
Outdoor Movies LLC dba Ultimate Outdoors Entertainment (“Ultimate Outdoors”) and
Laura L. Landers as defendants (collectively, hereafter, the “Defendants”). ECF 1.
2. Huntington is a national bank association with its corporate citizenship in Ohio.
ECF 1.
3. “Ultimate Outdoors” is a Texas limited liability company, whose sole member and
owner is Ms. Landers, also a resident of Texas. Id. at 1–2.
4. The amount in controversy in this lawsuit exceeds $75,000, and subject matter

jurisdiction is therefore proper pursuant to

28 U.S.C. § 1332

(a)(1).     
5.  According to Huntington, Ultimate Outdoors entered into an Installment Payment 
Agreement (the “IPA”) with TCF National Bank (“TCF”) on July 23, 2020, to secure a 
$265,187.05 loan for the purpose of purchasing business equipment.

Id. at 3

. Huntington 
is the successor-by-merger to TCF.                                       
6.  On January 8, 2020, Ultimate Outdoor entered into a finance agreement with 

Ascentium Capital (the “Ascentium Agreement”) for $10,536, also for the purposes of 
purchasing business equipment.

Id.

 On February 14, 2020, TCF purchased the Ascentium 
Agreement.

Id. at 10

.                                                    
7.  Huntington sent notices of default to Ultimate Outdoors on March 27, 2023, due 
to Ultimate Outdoors’ failure to make required payments under the IPA and Ascentium 

Agreement.

Id. at 7, 9

. The amount still owed under the IPA is $144,969.13.

Id. at 9

. The 
amount still owed under the Ascentium Agreement is $4,840.73.

Id. at 12

.  
8.  Huntington then initiated this lawsuit, and the Summons and Complaint were 
served upon Ms. Landers on May 10, 2023. ECF 5.                          
9.  Defendants did not file an Answer or otherwise respond to the Summons  and 

Complaint.                                                               
10.  A Clerk’s Entry of Default was entered against Defendants on September 20, 2023. 
ECF 18.                                                                  
11.  Huntington filed the pending Motion for Default Judgment on October 6, 2023. 
ECF 19. A copy of the motion and its supporting documents was served on both Ultimate 
Outdoors and Ms. Landers. ECF 25.                                        

12.  A hearing on the pending motion was held on December 29, 2023. ECF 29. 
Defendant did not appear at the hearing.                                 
                        Conclusions of Law                               
13.  Defendants were properly served with the Summons and Complaint, failed to 
timely Answer or otherwise respond, and are in default. Therefore, Huntington is entitled 

to entry of a default judgment in its favor. Fed. R. Civ. P. 55(b)(2).   
14.  The factual allegations in the Complaint are taken as true, except those relating to 
damages. Murray v. Lene,

595 F.3d 868, 871

 (8th Cir. 2010). Based on those factual 
allegations, Defendants have breached the IPA and Ascentium Agreement and are liable 
to Huntington for the amounts owed pursuant to those agreements.         

15.  The evidence provided by the declaration of Jordan Shamblott (ECF 22) in support 
of the pending motion establishes Huntington’s actual damages incurred from Defendants’ 
breach as $154,944.52. See Bigham v. John W. McDougall Co., Inc., No. 18-cv-706 
(NEB/ECW),

2019 WL 2337396

, at *2 (D. Minn. June 3, 2019) (discussing the showing 
to establish damages).  The evidence provided by the declarations of Daniel Moak (ECF 

23) and Mark Schroeder (ECF 26) establishes that Huntington’s attorney’s fees and 
expenses1 incurred in this matter through December 14, 2023 are $11,613.00.  


    1 Huntington alleges, and the Court accepts as true, that both the IPA and Ascentium 
Agreement provide for Huntington to recover attorneys’ fees and expenses incurred in 
enforcing each agreement. See ECF 1 at 4, 11.                             
                            Order                                       
Based on the findings and conclusions above, IT IS HEREBY ORDERED that:  

1.  Plaintiff’s Motion for Default Judgment (ECF 19) is GRANTED.         
2.  The  Clerk  of  Court  is  DIRECTED  to  enter  judgment  in  favor  of  Plaintiff 
Huntington National Bank against Defendants Ultimate Outdoor Movies LLC and Laura 
L. Landers, jointly and severally, in the amount of $166,557.52, plus any applicable post-
judgment interest allowed by law.                                        


LET JUDGMENT BE ENTERED ACCORDINGLY.                                     

Date: April 16, 2024                                                     
                                 s/Katherine Menendez                   
                                 Katherine Menendez                     
                                 United States District Judge