The Bank of New York Mellon Trust Company, N.A. v. Sock et al

Filing 22

ORDER denying without prejudice 17 Motion to Approve Consent Judgment and Motion for Default Judgment. Signed by Chief Judge J. Randal Hall on 04/13/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

THE BANK OF NEW YORK MELLON

*

TRUST COMPANY, N.A., AS TRUSTEE

*

FOR THE BENEFIT OF THE HOLDERS

*

OF FDIC 2011 R-1 CERTIFICATES,

*
*

Plaintiff,

*
*

V.

*

CV 616-165

*

JOHN GUNDE SOCK a/k/a JOHN
TUNDE SOCK; ETTA WILICIA
BOSS-COLE; ANNA CLAXTON;
AMOS FINANCIAL, LLC; and
THE UNITED STATES,

*
*

*
*
*

Defendants

ORDER

On

December

6,

2016,

Plaintiff

initiated

this

action

seeking, inter alia, to foreclose on an interest allegedly held
in real property located in Vidalia, Georgia.

(Doc. 1.)

June 14, 2017, Plaintiff filed an amended complaint.
On July 10, 2017,

On

(Doc. 13.)

default was entered against Defendants John

Gunde Sock a/k/a John Tunde Sock, Etta Wilicia Boss-Cole, Anna
Claxton,

2017,

and

Amos

Plaintiff

Financial,

filed

a

LLC.

Motion

(Doc. 15.)

for

Consent

On October 9,

Judgment

as

to

Defendant United States and Default Judgment against Defendants
Sock,

Cole,

Judgment").

Claxton,
(Doc.

and
17.)

Amos

(the

Because

"Motion
the

Court

for

Default

"harbor[ed]

reservations
liability,

regarding

and

Plaintiff's

Plaintiff's

damages,"

standing,
inter

Defendants'

alia,

the

Court

reserved final ruling on Plaintiff's Motion for Default Judgment

until an evidentiary hearing was held thereon.^

(See Doc. 18, at

2-3.)

The evidentiary hearing on the Motion for Default Judgment
was held on November 27, 2017, at which Plaintiff and Defendants

United States and Claxton appeared.

(See Doc. 19.)

During that

hearing. Plaintiff conceded that the Court's reservations were
well-founded

but

asserted

that

Plaintiff

could

assuage

these

concerns if given additional time to submit additional evidence
in

support

of

its

claims.

Plaintiff's statements
the hearing.

as

(Id.)

a request

The

Court

interpreted

to continue and adjourned

(Id.)

^ (See Doc. 18, at 2-3 ("More specifically, the Court is at present
unconvinced that Plaintiff is the holder of the promissory notes and security
instruments upon which its present claims are based. Further, Plaintiff has
failed to put forth any evidence of the damages it is owed in relation to
this action.
Moreover, it is unclear from Plaintiff's motion what is to
constitute the consent judgment to be entered in favor of and/or against
Defendant United States, who has asserted a federal tax lien against
Defendant Sock.
As a result, the Court cannot rule on Plaintiff's motion
until an evidentiary hearing regarding these and other related issues is
held.
Additionally, Plaintiff seeks in its motion the appointment of a
special master to conduct a judicial foreclosure sale of the real property
that allegedly secures - at least in part - any recovery obtained by
Plaintiff in this matter; to do so, however, will require, inter alia, notice

and a hearing and a certification from the proposed special master regarding
any potential grounds for disqualification. . . . At [the evidentiary]
hearing. Plaintiff should be prepared to submit evidence as to: (1) the
financial transactions and other factual underpinnings of Plaintiff's claims,

including without limitation proof of its status as holder of the promissory
notes and security instruments that entitle it to relief; (2) Plaintiff's
damages; (3) the terms of the consent judgment to be entered in favor of
and/or against Defendant United States; and (4) all matters necessary for the

appointment of a special master in this matter, as more fully set forth in
Federal Rule of Civil Procedure 53." (citations omitted)).)

since

the

substantive
Court.

adjourmnent

filings

or

of

other

the

evidentiary

actions

have

been

hearing,
made

in

no
this

Indeed, to date. Plaintiff has failed to: (a) file any

additional

evidence

in

support

of

its

claims

or

Motion

for

Default Judgment; (b) seek an extension of time to do so; or (c)

otherwise
matter

communicate

further.

Plaintiff's

Motion

PREJUDICE.

to

the

Court

Accordingly,
for

Default

IT

its

intent

IS

to

HEREBY

Judgment

is

pursue

ORDERED
DENIED

this
that

WITHOUT

Further, Plaintiff is reminded that its failure to

prosecute

this

dismissal

of

action in a

this

action,

timely fashion
without

may result in

prejudice,

without

the

further

notice.

ORDER

ENTERED

at

Augusta,

Georgia,

this

day

of

April, 2018.

J. EANBAL HALT., CHIEF JUDGE

UNITpf STATES DISTRICT COURT
-SOtJTHERN DISTRICT OF GEORGIA