EDMOND E. CHANG, District Judge.
Plaintiff, MAC FUNDING CORPORATION ("MAC"), by and through its attorneys, Rein F. Krammer of Masuda, Funai, Eifert & Mitchell, Ltd., hereby moves to reinstate this cause and to enter judgment pursuant to the Agreed Order entered into in this cause, and provides as follows:
1. On or about May 18, 2016, this Court entered an Agreed Order of Dismissal [Dkt. No. 20 (the "Agreed Order"). The Court retained jurisdiction under the Agreed Order to enforce the terms of the Agreed Order and the Settlement Agreement (as defined therein). [Dkt. No. 20, Para. 4].
2. Pursuant to the terms of the subject Agreed Order, Defendant, SHERYL ANN COX d/b/a COX MACHINE & TOOL ("Cox") was to make monthly installment payments to plaintiff MAC pursuant to the payment provisions contained within paragraph 1 of the Agreed Order.
3. However, contrary to the provisions of paragraph 1 of the Agreed Order, Defendant, Cox has failed to make the required installment payments. Past due and owing under the Agreed Order are the monthly installments from September 15, 2016 through September 15, 2017. In addition, Cox has failed to provide the required proof of insurance on the Subject Equipment or to return possession of the Subject Equipment to MAC.
4. As a result of such failures, MAC issued to Cox demand letters, pursuant to the Agreed Order, requesting a cure of the defaults. (See Exhibit "A").
5. Despite the issuance of the foregoing demand letters, Cox has failed to cure such defaults or breaches.
6. As a result of the failure to cure, MAC is causing to be filed herewith the Declaration of Ms. Victoria Morales, Credit Analyst of MAC (See Exhibit "B"), setting forth the fact of such defaults or breaches, and the remaining balance due and owing from Cox.
7. Pursuant to the provisions of paragraph 2 of the Agreed Order, as a result of such breaches, and the filing of the aforementioned Declaration, MAC is entitled to judgment against Cox, for the amounts and relief set forth in the proposed Judgment Order, a copy of which is attached hereto as Exhibit "C."
Dear Ms. Cox:
This firm represents MAC Funding Corporation ("
You have defaulted in your payments to MAC Funding under the Financing Agreement. As of February 3, 2016, there is past due and owing to MAC Funding under the Financing Agreement the sum of $17,576.27 (inclusive of principal, accrued interest, and late charges but exclusive of attorneys' fees and other costs). You have also failed to provide adequate proof of insurance on the Equipment.
We hereby demand that you pursuant to the Financing Agreement and your personal Guaranty executed in conjunction therewith make immediate payment of $17,576.27 to MAC Funding and provide adequate proof of insurance. Unless payment is made within three (3) business days and said proof of insurance is provided, please be advised that MAC Funding will take such action as may be necessary to protect its interests, including, but not limited to, the filing of an action against you personally for money damages for the full accelerated amount of $131,664.81 as of February 3, 2016 (inclusive of accelerated principal, past due principal and interest, pre-payment penalty, and late fees but exclusive of attorneys' fees and other costs) pursuant to the Financing Agreement and Guaranty, and for the retaking of possession of the Equipment. Interest continues to accrue at $17.96 per day.
Your immediate response is required. Please contact the undersigned with any questions you may have relative to this matter.
Very truly yours,
Dear Ms. Cox:
As you know, this firm represents MAC Funding Corporation ("
You have defaulted in your payments to MAC Funding under die Financing Agreement, Settlement Agreement, and Agreed Order. As of November 30, 2016, there is past due and owing to MAC Funding under die Financing Agreement the sum of $11,845.22 (inclusive of principal, accrued interest, and late charges but exclusive of attorneys' fees and other costs).
We hereby demand that you pursuant to the Financing Agreement, Settlement Agreement, Agreed Order, and your personal Guaranty executed in conjunction therewith make immediate payment of $11,845.22 to MAC Funding. Unless payment is made within three (3) business days, please be advised that MAC Funding will take such action as may be necessary to protect its interests, including, but not limited to, the refiling of die action against you personally for money damages for the full accelerated amount of $125,904.66 as of November 30, 2016 (inclusive of accelerated principal, past due principal and interest, pre-payment penalty, and late fees but exclusive of attorneys' fees and other costs) pursuant to the Financing Agreement, Guaranty, Settlement Agreement and Agreed Order and for the retaking of possession of die Equipment.
Your immediate response is required. Please contact the undersigned with any questions you may have relative to this matter.
Very truly yours,
Dear Ms. Cox:
As you know, this firm represents MAC Funding Corporation ("
You have defaulted in your payments to MAC Funding under the Financing Agreement, Settlement Agreement, and Agreed Order. MAC Funding has given you every opportunity to correct these issues. As of April 27, 2017, there is past due and owing to MAC Funding under the Financing Agreement the sum of $30,979.82 (inclusive of principal, accrued interest, and late charges but exclusive of attorneys' fees and other costs).
We hereby demand that you pursuant to the Financing Agreement, Settlement Agreement, Agreed Order, and your personal Guaranty make immediate payment of $30,979.82 to MAC Funding. Unless payment is made within three (3) business days, please be advised that MAC Funding will take such action as may be necessary to protect its interests, including, but not limited to, the refiling of the action against you personally for money damages for the full accelerated amount of $125,904.66 as of April 27, 2017 (inclusive of accelerated principal, past due principal and interest, pre-payment penalty, and late fees but exclusive of attorneys' fees and other costs) pursuant to the Financing Agreement, Guaranty, Settlement Agreement and Agreed Order and for the retaking of possession of the Equipment.
Your immediate response is required. Please contact the undersigned with any questions you may have relative to this matter.
Very truly yours,
I, Victoria Morales, declare under penalty of perjury as follows:
1. I am a Credit Analyst for MAC FUNDING CORPORATION ("MAC"). I am one of the custodians of the books and records of MAC as they pertain to the accounts relating to SHERYL ANN COX d/b/a COX MACHINE & TOOL ("Cox").
2. Pursuant to the books and records of MAC, Cox has failed to make the September 15, 2016 through September 15, 2017 payments due under the Agreed Order dated on or about May 18, 2016 (the "Agreed Order"), to provide proof of insurance for the equipment that is the subject of the Subject Lease (as defined hereinafter) (the "Subject Equipment") or return possession of the Subject Equipment to MAC.
3. As a result thereof, MAC and MAC's counsel has issued, pursuant to my direction, demand letters to Cox demanding that she cure her defaults under the Agreed Order.
4. Notwithstanding the demand letters, the past due amount has not been cured by Cox. In addition, she has failed to provide adequate proof of insurance or return possession of the Subject Equipment to MAC.
5. There remains due and owing from Cox, pursuant to the provisions of the Agreed Order, the sum of $145,510.18 as of September 19, 2017 after acceleration of all amounts due, as follows:
As a result, $145,510.18 is due and owing from Cox under the Agreed Order as of September 19, 2017.
I declare under a penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
This cause comes to be heard upon the Motion of Plaintiff, MAC FUNDING CORPORATION ("MAC"), to reinstate and to enter judgment and the declaration in support of Ms. Victoria Morales, due notice having been given; and the Court finding that Defendant, SHERYL ANN COX d/b/a COX MACHINE & TOOL ("Cox") has failed to comply with, and is in breach and default under the provisions of the Agreed Order of Dismissal entered in this cause on May 18, 2016 (the "Agreed Order"), and that Cox has failed to cure such breach and default after being given notice and an opportunity to cure, as provided in such Agreed Order;
1. This matter is hereby reinstated; and judgment is hereby entered in favor of plaintiff and against SHERYL ANN COX d/b/a COX MACHINE TOOL, in the amount of $145,510.18.
2. Defendant SHERYL ANN COX d/b/a COX MACHINE TOOL and her agents shall immediately turn over to plaintiff the Mitsubishi Water Jet System, Model MWX3-612, and the other items of equipment that are the subject of the Finance Agreement (the "MAC Equipment") and reasonably cooperate with Plaintiff and its agents in allowing Plaintiff to repossess the MAC Equipment. See Exhibit "1" attached hereto for a detailed description of the MAC Equipment.
3. The U.S. Marshall or any County Sheriff or other appropriate government official are authorized and directed to enter the premises of SHERYL ANN COX d/b/a COX MACHINE TOOL, including, but not limited to, Cox's facility at 5301 SW 25th Street, Oklahoma City, Oklahoma 73128, confiscate, and take possession of the subject MAC Equipment, and turn such MAC Equipment over to the possession of the Plaintiff.
I, Rein F. Krammer, do hereby state that I caused a copy of the
