Cadle Co. v. Beury

ORDER

EDENFIELD, District Judge.

I. INTRODUCTION

Plaintiff The Cadle Company (“Cadle”) brought this collection case seeking a property-foreclosure deficiency judgment against defendants Harold R. and Sandra J. Beury. Doc. # 1. Cadle, however, had previously filed and voluntarily dismissed a similar ease in a Texas court, so this Court ordered briefing on the appropriate amount of F.R.Civ.P. 41(d) costs that Cadle should first pay to the defendants before this case proceeds. Doc. # 33. The parties have complied. Doc. ## 36, 37.

II. BACKGROUND1

The Beurys executed three promissory notes to purchase…