First Interstate Bank v. JJLC Lawn-Care LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
FIRST INTERSTATE BANK, )
)
Plaintiff, )
)
v. ) Case No. 26-2398-JWL
)
JJLC LAWN-CARE LLC; and )
JUSTIN GRIFFIN, )
)
Defendants. )
)
_______________________________________)
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff’s motion for a default judgment
against defendants (Doc. # 11). For the reasons set forth below, the Court grants the
motion, and judgment shall be entered in favor of plaintiff against defendants as set forth
below.
Plaintiff filed the instant suit on July 9, 2026, against JJLC Lawn-Care LLC
(“JJLC”) and its sole member, Justin Griffin. Plaintiff alleges that JJLC (as borrower) and
Mr. Griffin (as guarantor) breached a Loan Agreement and that JJLC breached a Credit
Card Agreement, and it seeks payment of amounts due, foreclosure of certain collateral,
and contractual attorney fees. Defendants were served with process but failed to file any
answer to the complaint or otherwise to appear in this suit, and on August 26, 2026, the
Clerk entered defendants’ default pursuant to Fed. R. Civ. P. 55(a). On September 29,
2026, plaintiff moved for a default judgment against defendants pursuant to Fed. R. Civ.
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P. 55(b)(2). At the Court’s request, plaintiff then submitted additional information in
support of the motion.1
Based on the failure of defendants to appear in this action, plaintiff’s deemed-
admitted allegations, and the evidence submitted by plaintiff in support of the motion, the
Court concludes that it is appropriate to issue a default judgment in favor of plaintiff as
requested. Because defendants failed to file an answer denying plaintiff’s factual
allegations in the complaint, those allegations are deemed admitted. See Burlington N.
R.R. Co. v. Huddleston, 94 F.3d 1413, 1415 (10th Cir. 1996); see also Tripodi v. Welch,
810 F.3d 761, 764 (10th Cir. 2016) (after default, a defendant forfeits its right to contest
pleaded facts). Thus, defendants have admitted that JJLC entered into the Loan Agreement
and Credit Card Agreement with plaintiff; that the Loan Agreement included a personal
guaranty by Mr. Griffin;2 that plaintiff loaned amounts to JJLC under those agreements;
that JJLC has defaulted by failing to make payments under those agreements as required;
and that defendants now owe certain amounts to plaintiff under the agreements, including
unpaid principal and interest, late fees, and attorney fees and costs incurred to enforce the
1 Fed. R. Civ. P. 55(b)(2) requires service of such a motion only if the opposing
party has appeared in the action. See id.; see also Fed. R. Civ. P. 5(a)(2) (“No service is
required on a party who is in default for failing to appear.”).
2 In its supplement to the motion, filed at the request of the Court for more
information, plaintiff states that Mr. Griffin guaranteed both agreements. In the verified
complaint, however, plaintiff alleges that Mr. Griffin guaranteed the Loan Agreement, but
it makes no such allegation concerning the Credit Card Agreement; and it asserts a claim
against Mr. Griffin only for breach of the Loan Agreement. Similarly, in the present
motion, plaintiff seeks judgment against Mr. Griffin only with respect to its claims under
the Loan Agreement. Accordingly, the Court has not entered judgment against Mr. Griffin
for any amounts due on the Credit Card Agreement.
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agreements. Those facts establish defendants’ liability for breach of contract as alleged.
They further establish that plaintiff is entitled to foreclose on its security interest in certain
collateral under the agreements.
Although Rule 55(b)(2) provides that a court may conduct a hearing if necessary to
determine damages as part of a default judgment, “a hearing is unnecessary when the
movant submits detailed affidavits and exhibits that furnish a sufficient uncontested record
from which to determine . . . damages and costs with reasonable certainty.” See Hermeris,
Inc. v. McBrien, 2012 WL 1091581, at *2 (D. Kan. Mar. 30, 2012) (citations and internal
quotations omitted); see also Marcus Food Co. v. DiPanfilo, 671 F.3d 1159, 1172 (10th
Cir. 2011) (Rule 55 does not require a hearing or even evidence before a default judgment
is entered; hearing is not required if the amount claimed is one capable of mathematical
calculation). The Court concludes that no hearing is necessary in this case, as plaintiff has
submitted sufficient evidence (by its verified petition and affidavits submitted in support
of the motion) from which the Court may determine plaintiff’s damages with reasonable
certainty. That evidence establishes a total amount presently due under the Loan
Agreement of $148,669.14 (consisting of $140,249.11 in principal, $7,047.46 in interest,
and $472.57 in late fees); and a total amount presently due under the Credit Card
Agreement of $15,861.19 (consisting of $13,679.21 in principal and $2,181.98 in interest).
In addition, the evidence establishes that plaintiff incurred reasonable attorney fees and
costs to enforce the agreements in the total amount of $8,851.50, reasonably apportioned
between enforcement of the two agreements in the amounts of $7,789.32 for the Loan
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Agreement and $1,062.18 for the Credit Card Agreement. The Court therefore awards
judgment in favor of plaintiff in those amounts.
IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff’s motion for a
default judgment (Doc. # 11) is hereby granted, and judgment shall be entered in favor of
plaintiff as follows: against defendants JJLC Lawn-Care LLC and Justin Griffin, jointly
and severally, in the total amount of $156,458.46; and against defendant JJLC Lawn-Care
LLC in the additional amount of $16,923.37; and plaintiff may foreclose its security
interest in the collateral as set forth in the complaint.
IT IS SO ORDERED.
Dated this 19th day of October, 2026, in Kansas City, Kansas.
/s/ John W. Lungstrum
Hon. John W. Lungstrum
United States District Judge
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