Branch Banking & Trust Company v. Enslen

Filing 14

OPINION. Signed by Honorable Judge Myron H. Thompson on 3/31/2015. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) BRANCH BANKING AND TRUST COMPANY, successor in interest to Colonial Bank by asset acquisition from the FDIC as receiver for Colonial Bank, Plaintiff, v. ROBERT G. ENSLEN, JR., Defendant. CIVIL ACTION NO. 2:13cv828-MHT (WO) OPINION Plaintiff Branch Banking and Trust Company (BB&T) filed this lawsuit indebtedness from Jurisdiction is (diversity). seeking defendant proper to Robert pursuant to recover G. 28 on an Enslen, Jr. U.S.C. § 1332 This lawsuit is now before the court on BB&T’s motion for default judgment against Enslen in the amount of $ 508,790.58. BB&T has perfected complaint on Enslen. default judgment service of the summons and It filed the instant motion for based on affidavits of Michelle Rackley and William R. Cunningham Jr. affidavits, Enslen owes BB&T According to the $ 508,790.58, which includes the balance of the amount owed as well as accrued interest and additional expenses. The court ordered Enslen to show cause by a date certain as to why the default-judgment motion should not be granted. The court informed Enslen that, if he failed to respond within the time allowed, the motion would be granted and default judgment would be entered as requested. The deadline for Enslen to respond has come and gone, and he has yet to show cause why default judgment should not be entered against him. Accordingly, the court is of the opinion that BB&T’s motion for entry of default judgment should be granted and that judgment of default as to the amount requested should be entered against Enslen. An appropriate judgment will be entered. DONE, this the 31st day of March, 2015. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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