Taylor Bean & Whitaker Mortgage Corp. v. Lennar Corporation et al

Filing 124

ORDER. The Clerk of the Court shall enter a Clerks Default against the Defendant Aspen Home Loans, LLC for failure to appear and for failure to obtain counsel or respond in any manner to the Court's Order to Show Cause. The Court will take no further action on its Order to Show Cause (Doc. #110). Signed by Judge Sheri Polster Chappell on 6/3/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TAYLOR BEAN & WHITAKER
MORTGAGE CORP. and FEDERAL
DEPOSIT INSURANCE
CORPORATION,
Plaintiffs,
v.

Case No: 2:12-cv-595-Ftm-38UAM

LENNAR CORPORATION, U.S. HOME
CORPORATION, NORTH AMERICAN
TITLE COMPANY, AYLA D. BURNETT,
CHARLES M. BURNETT, PEGGY
FERGUSON, JENNIFER WHITE, JULIE
WHITE, UTAH EXCHANGE GROUP,
ASPEN HOME LOANS, LLC, KELLY
HATCH, PAUL ANDREW
GULBRONSON, MICHAEL RILEY
MOORE, SR. , RIVERWALK
PROPERTY VENTURES, LLC,
MATTHEW DEVEREAUX, ANDREW
JAMES SORENSEN, ANTHONY GIZZI
REAL ESTATE APPRAISAL, INC. and
DAVID SAWYER,
Defendants.
___________________________________/

ORDER
This matter comes before the Court on review of the file. On March 26, 2013, the
Court entered an Order to Show Cause (Doc. #110), which directed Defendant Aspen
Home Loans, LLC to show cause on or before April 5, 2013, why it has failed to obtain
counsel. In that Order, the Court explained that a corporation must obtain counsel and
it may not represent itself pro se and that failure to obtain counsel by that date could
result in default judgment being entered against it. The Court had previously informed

the pro se corporate defendants, that they must obtain counsel or a Default Judgment
could be entered against it. (Doc. #99). Further, Defendant Kelly Hatch, who is also the
representative for Aspen Home Loans, LLC, has not responded to any requests to
confer regarding the case management report. (Doc. #109). Therefore, the Court finds
good cause at this time to enter a Clerk’s Default against the Defendant Aspen Home
Loans, LLC.
Accordingly, it is now
ORDERED:
The Clerk of the Court shall enter a Clerks Default against the Defendant Aspen
Home Loans, LLC for failure to appear and for failure to obtain counsel or respond in
any manner to the Court’s Order to Show Cause. The Court will take no further action
on its Order to Show Cause (Doc. #110).
DONE and ORDERED in Fort Myers, Florida this 3rd day of June, 2013.

Copies: All Parties of Record

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