CHARLESTON — An entry of default was entered in a case against Logan Oncology Care Associates for alleged failure to repay a promissory note.
The entry of default states that Logan Oncology failed to answer or otherwise plead to the complaint and that Branch Banking and Trust Co. (BB&T) shall recover the money owed from the company, according to the entry of default filed in U.S. District Court for the Southern District of West Virginia.
BB&T filed a complaint in U.S. District Court for the Southern District of West Virginia against Logan Oncology Care Associates LLC. The bank claims on Feb. 17, 2012, Logan Oncology Care Associates executed a promissory note payable to BB&T for $250,000. The suit states the defendant is in breach of contract for $117,033.77 plus interest.
A motion for entry of default was previously filed, stating the defendant had been served in March but made no effort to respond to the lawsuit.
"As of the date of the filing of this motion, the defendant has failed to serve an answer to the verified complaint, or otherwise defend the civil action," the motion states. "Because the defendant is a limited liability company, it is not incarcerated, incompetent, an infant, or in active duty military service."
BB&T requested that the clerk of the court enter default against Logan Oncology and that the bank be awarded other relief that the court deemed appropriate.
W. Eric Gadd, BB&T's attorney, also filed an affidavit in which he stated on March 12 the complaint was served to Logan Oncology by mail, that the mail was sent via U.S. Postal Service certified mail and delivery was restricted to the addressee, in accordance to federal rules.
The bank was seeking all reasonable sums due, attorney fees and court costs. It was represented by Gadd, who is an attorney with Spilman, Thomas & Battle in Wheeling.
U.S. District Court for the Southern District of West Virginia case number 2:19-cv-00073