ZURSCHMIEDE v. HUNT (S.D.Ind. 2005)

ESTATE OF HERBERT L. ZURSCHMIEDE, Plaintiff, v. GLENN A. HUNT a/k/a GLEN HUNT AND SHERRY HUNT, HUSBAND AND WIFE, FIRST HARRISON BANK, THE INTERNAL REVENUE SERVICE OF THE UNITED STATES OF AMERICA, THE INDIANA DEPARTMENT OF REVENUE, STEVEN H. GREEN, DORIS FERBER, BROWERPEASE, INC., TREASURER OF FLOYD COUNTY, INDIANA and UNKNOWN OCCUPANTS OF 4407 KAMER MILLER ROAD, NEW ALBANY, INDIANA 47150, Defendants.

CASE NO. 4:04-cv-0228-DFH-WGH.United States District Court, S.D. Indiana, New Albany Division.
November 18, 2005

ENTRY ON MOTIONS FOR SUMMARY JUDGMENT
DAVID HAMILTON, District Judge

The motions for summary judgment filed by plaintiff Estate of Herbert L. Zurschmiede and defendant First Harrison Bank are hereby granted against defendants Glenn and Sherry Hunt for the reasons set forth in the moving papers. Defendants Glenn and Sherry Hunt filed no timely response despite several extensions of time. Their belated response (filed November 15, 2005) failed to identify any genuine issue of material fact. The court also grants First Harrison Bank’s motion for approval of attorney fees in the amount of $10,000.00. The

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Agreed Judgment and Decree of Foreclosure tendered by all other remaining parties is consistent with the grant of summary judgment against the Hunts and the approved fees. The court is entering the Agreed Judgment and Decree of Foreclosure, though the Hunts obviously have not agreed to it.

So ordered.

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