Griffin et al v. Alamo et al

Filing 56

ORDER granting 51 Motion to Set Aside Default; granting 55 MOTION to Stay re 6 MOTION for Default Judgment as to Tony Alamo a/k/a Bernie Hoffman by Vanessa Griffin. Signed by Honorable Susan O. Hickey on February 13, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION VANESSA GRIFFIN, et al. VS. PLAINTIFFS CASE NO. 14-CV-4065 TONY ALAMO a/k/a BERNIE L. HOFFMAN, et al. DEFENDANTS ORDER Before the Court are Plaintiffs’ Motion to Set Aside Default as to Certain Defendants (ECF No. 51) and Motion to Stay Motion for Default Judgment as to Certain Defendants (ECF No. 55). On October 20, 2014, Plaintiffs filed a Motion for Default Judgment (ECF No. 35) requesting that a default judgment be entered against the following Defendants who had allegedly failed to file a timely Answer to Plaintiffs’ Complaint: Steve Lovellette, Ron Decker, Donn Wolf, Advantage Food Group, Advantage Sales, LLC, Tony Alamo a/k/a Bernie Hoffman, Tony and Susan Alamo Foundation, Tommy Scarcello, Action Distributors, and Sanford White. Plaintiffs Motion to Set Aside Default (ECF No. 51) requests that their motion for default be withdrawn as to the following Defendants who have obtained counsel: Steve Lovellette, Ron Decker, Don Wolf, Advantage Food Group, and Advantage Sales, LLC. Upon consideration, the Court finds that the motion should be and hereby is GRANTED. As to the remaining Defendants referenced in Plaintiffs’ Motion for Default Judgment–Tony Alamo a/k/a Bernie Hoffman, Tony and Susan Alamo Foundation, Action Distributors, Tommy Scarcello, and Sanford White–Plaintiffs now request that the Court stay consideration of a default judgment against these Defendants. Plaintiffs state that they are still attempting to resolve service issues and have not decided with certainty which defendants it will seek default judgment against. Upon consideration, the Court finds that the Motion to Stay Motion for Default Judgment as to Certain Defendants (ECF No. 55) should be and hereby is GRANTED. Plaintiffs must supply the Court with a status report on the Motion for Default Judgment on or before April 1, 2015. IT IS SO ORDERED, this 13th day of February, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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