Public Service Towers, Inc. v. Best Buy Stores, LP

Filing 10

ORDER granting 8 Motion for Default Judgment. Ordered by Judge Clay D. Land on 10/15/2008. (lra)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION PUBLIC SERVICE TOWERS, INC., Plaintiff, vs. BEST BUY STORES, L.P., Defendant and Third-Party Plaintiff, vs. PINNACLE CONSTRUCTION SERVICES, INC., Third-Party Defendant. * * * * * * * * * * ORDER Presently pending before the Court is Third-Party Plaintiff's Motion for Default Judgment (Doc. 8) against Third-Party Defendant. For the following reasons, Third-Party Plaintiff's motion is granted. DISCUSSION Third-Party Plaintiff Best Buy Stores, L.P. ("Best Buy") filed a third-party complaint against Third-Party Defendant Pinnacle (Ans. CASE NO. 4:08-CV-92(CDL)

Construction Services, Inc. ("Pinnacle") on August 28, 2008. and 3d Party Compl. 5.)

The third-party complaint was served upon Pinnacle has

Pinnacle's registered agent on September 9, 2008. failed to answer Best Buy's complaint.

(Ragains Aff. ¶ 4, Oct. 8,

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2008.)

Therefore, the Clerk properly entered a default against See Fed. R. Civ. P. 55(a).

Pinnacle on October 10, 2008.

Best Buy is likewise entitled to a default judgment against Pinnacle on the issue of liability. See Fed. R. Civ. P. 55(b)(2).

Since the amount of damages to be included in the default judgment cannot be determined until Best Buy's liability to Plaintiff Public Service Towers, Inc. is determined, the Court will schedule a hearing at the appropriate time to determine the amount of the default judgment.

IT IS SO ORDERED, this 15th day of October, 2008.

S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE

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