Order | Filed: June 23, 2026
| Entered: June 23, 2026
Fifth Third Bank, National Association v. Laurel Grocery Company, LLC et al
Real Property: Foreclosure | Kentucky Eastern
Order Terminate Motions
ORDER: 1. Fifth Third's Motion for Default and Summary Judgment, and Order of Sale, [R. 83 ], is GRANTED IN PART and DENIED IN PART. Default Judgment 2. To the extent Fifth Third seeks default judgment against DDI Leasing, Inc., First Citizens Bank & Trust Company, HYG Financial Services, Inc., and LEAF Capital Funding, LLC, the Motion for Default and Summary Judgment, and Order of Sale, [R. 83 ], is DENIED WITHOUT PREJUDICE. Summary Judgment Because there is no genuine issue of material fact, and Fifth Third is entitled to judgment as a matter of law, pursuant to Rule 56 of the Federal Rules of Civil Procedure, summary judgment is GRANTED in favor of Fifth Third as follows: 3. Summary judgment is GRANTED against the defendants that have appeared in the action, Laurel Grocery Company, LLC, Laurel Shelby, LLC, Laurel Saint Henry, LLC, Laurel Saint Henry Holdings, LLC, Retail Marketing Corporation, Uncle Ray's LLC, Lactalis Heritage Dairy, Inc., Associated Wholesale Grocers, Inc., and Gilster-Mary Lee Corporation, on the claims alleged in the Complaint that Fifth Third's mortgage lien constitutes a valid, enforceable, unavoidable, and properly perfected first mortgage lien upon the Laurel Grocery Real Property that secures payment" of the loans (Revolving Loans and Real Estate Term Loan) by Fifth Third to Laurel Grocery Company, LLC, and is prior and superior to all other liens, except any lien for unpaid, delinquent ad valorem real property taxes. 4. Summary judgment is GRANTED against the defendants that have appeared in the action, Laurel Grocery Company, LLC, Laurel Shelby, LLC, Laurel Saint Henry, LLC, Laurel Saint Henry Holdings, LLC, Retail Marketing Corporation, Uncle Ray's LLC, Lactalis Heritage Dairy, Inc., Associated Wholesale Grocers, Inc., and Gilster-Mary Lee Corporation, on the claims alleged in the Complaint that Fifth Third has the first, superior, valid, enforceable, and unavoidable security interests in, and liens on, all Laurel Grocery Personal Property and Guarantor Collateral, which were properly perfected by Fifth Third. 5. Summary judgment is GRANTED against Laurel Grocery Company, LLC on the claims alleged in the Complaint that Laurel Grocery Company, LLC is liable to Fifth Third for the indebtedness owed on the loans (Revolving Loans and Real Estate Term Loan). The indebtedness as April 30, 2026, for which this judgment is granted, on the Revolving Loans is $1,614,108.81, comprised of principal in the amount of $1,596,556.37, regular rate interest in the amount of $17,262.83, and other charges in the amount of $289.61, plus additional principal, interest, including default interest, and all other charges accrued and continuing to accrue including for funds which continue to be advanced and outstanding on the Revolving Loans, as well as Fifth Third's attorneys' fees and costs. The indebtedness as of April 30, 2026, for which this judgment is granted, on the Real Estate Term Loan is $6,674,813.90, comprised of principal in the amount of $6,668,721.47, regular interest in the amount of $96,059.05, other charges in the amount of $33.38, plus additional interest, including default interest, accrued and continuing to accrue, as well as Fifth Third's attorneys' fees and costs. 6. Summary judgment is GRANTED against Laurel Shelby, LLC, Laurel Saint Henry, LLC, Laurel Saint Henry Holdings, LLC, and Retail Marketing Corporation, as guarantors for the amounts for which Laurel Grocery Company, LLC is liable to Fifth Third. 7. The liability of Laurel Grocery Company, LLC, Laurel Shelby, LLC, Laurel Saint Henry, LLC, Laurel Saint Henry Holdings, LLC, and Retail Marketing Corporation, to Fifth Third as set forth under paragraphs 5 and 6 is joint and several. Order of Sale 8. Fifth Third having beensummary judgment, IT IS HEREBY ORDERED that the real and personal property (Laurel Grocery Real Property, Laurel Grocery Personal Property, and Guarantor Collateral) SHALL be sold by the Receiver in accordance with the Order Appointing Receiver, [R. 41 ], and pursuant to the procedures proposed by the Receiver and approved by the Court, [R. 127 ], or on other motion by the Bank or Receiver. 9. The Court retains jurisdiction with respect to all issues arising from or related to the sale of the real and personal property (... (truncated)