Branch Banking & Trust Company v. Enslen

Filing 14

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

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
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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