White et al v. Grant Mason Holdings, Inc. et al

Filing 102

ORDER ATTACHED denying as unnecessary 98 Motion for Partial Summary Judgment; granting 101 Motion for Entry of Clerk's Default; striking Grant Mason, LLC's counterclaim; directing Plaintiff's counsel to file proof of authority from the bankruptcy estate no later than 1/16/2017; and directing the Clerk to effectuate the directives in the attached order. Signed by Judge Richard A. Lazzara on 12/15/2016. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ADAM R. WHITE and
JAMES NEWELL WHITE, III,
Plaintiffs,
v.

CASE NO. 8:14-cv-2975-T-26MAP

IDEAGEAR, LLC, et al.,
Defendants.
/

ORDER
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this
case, together with the Plaintiffs’ submissions, it is ORDERED AND ADJUDGED as follows:
1) The Plaintiffs’ Motion for Clerk’s Entry of Default Against Corporate Defendants
(Dkt. 101) is granted for failure of those corporate Defendants to comply with this Court’s order
entered on November 23, 2016, at docket 96. The Clerk is directed to enter a clerk’s default
against each of the corporate Defendants which are the subject of the motion pursuant to Rule
55(a) of the Federal Rules of Civil Procedure. The issue of damages shall be determined at the
trial of this case scheduled for the March 2017 trial month.
2) The Plaintiffs’ Motion for Partial Summary Judgment (Dkt. 98) is denied as
unnecessary in light of the Court’s granting of a clerk’s default against the two corporate
Defendants which were the subject of the motion.

3) The counterclaim of Grant Mason, LLC, is stricken for failure of that corporate
Defendant to comply with this Court’s order entered on November 23, 2016, at docket 96.
4) Plaintiffs’ counsel shall file with this Court no later than January 16, 2017, proof
that she has the authority of the Bankruptcy Court presiding over the bankruptcy estate of
Plaintiff Adam White to pursue this case on behalf of the bankruptcy estate.

DONE AND ORDERED at Tampa, Florida, on December 15, 2016.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record
Pro se parties

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