Federal Deposit Insurance Corporation v. Weggeland Development Group Ltd et al

Filing 12

ORDER granting pltf's 8 Motion for Default Judgment against Weggeland Development Group Ltd; granting pltf's 11 Motion to Dismiss Steven Weggeland without prejudice because he is in bankruptcy; pltf is directed to file a supplemental affidavit as soon as possible calculating interest through 6/9/11. Signed by Judge D. P. Marshall Jr. on 5/27/11. (vjt)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

NORTHERN DIVISION

FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for
INDYMAC BANK ES.B.

PLAINTIFF

Case No.l:10-cv-18-DPM

v.

WEGGELAND DEVELOPMENT
GROUP, LTD. and STEVEN
WEGGELAND

DEFENDANTS

ORDER
Plaintiff's motion to dismiss Steven Weggeland without prejudice
because he is in bankruptcy, Document No. 11, is granted for good cause
shown.

FED.

R. ClV. P. 41(a)(2).

Plaintiff's motion for a default judgment against Weggeland
Development Group, Ltd., Document No.8, is also granted for good cause
shown.

FED. R. ClY. P.

55(b)(2). The record reflects good service of process on

Weggeland Development in April 2010. This defendant was actually served
twice, once through its registered agent in Arkansas and once through its
registered agent in Montana, where the limited partnership was formed.

Document Nos. 2 & 3. For more than a year, Weggeland Development has
failed to appear, plead, or otherwise defend against the complaint. And the
Clerk has entered a default. Document No. 10. Plaintiff is therefore entitled to
a default judgment.
The complaint and incorporated exhibits and the supporting affidavit
make plain that this is a debt case involving a liquidated amount. The
contractual documents about Weggeland Development's obligations after
defaulting on the debt are clear. The Court therefore sees no need to hold a
hearing to fix damages or investigate any other matter. FED. R. CIV. P.
55(b)(2). Plaintiff is entitled to its judgment for the amount requested.
There is one loose end. Plaintiff has calculated pre-judgment interest
through 25 March 2011. The Court directs Plaintiff to file a supplemental
affidavit as soon as possible calculating interest through 9 June 2011. And the
Court will enter judgment on that date.

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So Ordered.

D.P. Marshall Jr.
tI
United States District Judge

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