AUTOMOTIVE FINANCE CORPORATION v. GREG WILDE ENTERPRISES, INC. et al

Filing 31

ENTRY - Directing Further Proceedings; AFC shall have through April 17, 2012, in which to identify the basis upon which this court has authority to further with respect to granting its motion for summary judgment against defendant Wilde. *** SEE ENTRY ***. Signed by Judge Sarah Evans Barker on 4/11/2012. cm.(CKM) Modified on 4/11/2012 (CKM).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA AUTOMOTIVE FINANCE CORPORATION, Plaintiff, ) ) ) vs. ) ) GREG WILDE ENTERPRISES, INC. et al., ) ) Defendants. ) 1:10-cv-1419-SEB-DML Entry Directing Further Proceedings This is a suit on a promissory note and a guarantee brought by Automotive Finance Corporation (AFC) against Greg Wilde Enterprises, Inc., d/b/a Quality Motors & Rent A Wreck of Hayesville (GWE), Greg Wilde, and Steve Hall. The court has already granted summary judgment against defendant Steve Hall. AFC has requested that the court enter final judgment against all defendants. Background AFC filed this action in Marion Superior Court and defendant Hall removed to this court. While the case was pending in Marion Superior Court, AFC obtained a default judgment against GWE on June 29, 2009. On June 30, 2011, this court granted AFC’s motion for summary judgment against Steve Hall. Accordingly, the only remaining defendant is Greg Wilde aka Richard Greg Wilde aka Richard G. Wilde (“Wilde”). AFC’s only cause of action against Wilde is the same cause of action against Hall, which is for breach of a commercial guaranty of a certain promissory note by Greg Wilde Enterprises, Inc. AFC requests the issuance of summary judgment against Wilde for the same reasons the court granted summary judgment as to the claim against Hall. AFC asserts that all material facts were admitted before this action was removed. AFC argues that Wilde concedes AFC’s version of the facts pursuant to Ind. R. Trial P. 36 because of his Wilde’s failure to respond to Requests for Admissions because of his failure to respond to the pending motion for summary judgment. This may be true, but as the court noted in its Entry granting summary judgment against Hall, Wilde has not appeared in this action, nor is there evidence of service of process. “[U]nless both subject-matter and personal jurisdiction have been established, a district court must dismiss the suit without addressing the substance of the plaintiff's claim.” Kromrey v. U.S. Dept. of Justice, 423 Fed. Appx. 624, 626, 2011 WL 2419879, 1 (7th Cir. 2011). Further Proceedings AFC shall have through April 17, 2012, in which to identify the basis upon which this court has authority to proceed further with respect to granting its motion for summary judgment against defendant Wilde. IT IS SO ORDERED. 04/11/2012 Date: __________________ _______________________________ Distribution: Rubin & Levin, PC ctrapp@rubin-levin.net SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana Steve Hall 53 Slave Drive Hayesville, NC 28904 Greg Wilde, a/k/a Richard Greg Wilde, a/k/a Richard G. Wilde PO Box 652 Hayesville, NC 28904

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