Ford Motor Credit Company LLC, v. Gilbert Auto Ford, LLC

Filing 38

ORDER deeming as moot #29 Motion for Summary Judgment. IT IS HEREBY ORDERED that default be entered in favor of Ford Motor Credit Company, LLC, and against Defendants Gilbert Auto Ford, LLC and Mark W. Gilbert on all claims. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

FORD MOTOR CREDIT COMPANY
LLC, a Delaware limited liability
company,

Case No. 2:13-cv-00104-BLW

Plaintiff,
v.

ORDER

GILBERT AUTO FORD, LLC, a
Washington limited liability company;
MARK W. GILBERT,
Defendants.
On July 19, 2013, the Court granted the Motion to Withdraw as Counsel of Record
for Defendants (Dkt. 36). In that Order, the Court stated that withdrawing counsel shall
continue to represent Defendants, pursuant to Dist. Idaho Loc. Civ. R. 83.6(c)(2) until
proof of service of this Order on the client has been filed with the Court, or alternatively,
until such time as Defendants notify the Court in writing that they have received the
Court’s Order. Counsel filed proof of service on July 22, 2013.
The Court further noted that Defendants would have twenty-one (21) days from
the filing of the proof of service by the withdrawing attorney to file written notice with
the Court stating how and by whom it will be represented. The Court explained that if
Defendants failed to appear in this action, either in person or through a newly appointed
attorney within that twenty-one (21) day period, such failure shall be grounds for a
default and judgment being entered against Defendants without further notice. Twenty-

ORDER - 1

one days have passed since the filing of the proof of service, but Defendants have not
filed written notice with the Court stating how and by whom it will be represented.
Accordingly, default and judgment is warranted. Accordingly,
IT IS HEREBY ORDERED that default be entered in favor of Ford Motor
Credit Company, LLC, and against Defendants Gilbert Auto Ford, LLC and Mark W.
Gilbert on all claims.
IT IS FURTHER ORDERED that given the default judgment entered here,
Plaintiff’s Motion for Summary Judgment (Dkt. 29) is DEEMED MOOT.
IT IS FURTHER ORDERED that a separate judgment shall be entered in
accordance with Fed. R. Civ. P. 58.

DATED: August 27, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2