Wachovia Dealer Services, Inc. v. Chesapeake Financial Services, Inc. et al

Filing 353

MEMORANDUM AND ORDER granting in part 350 Motion to Liquidate Judgment. Signed by Judge Marvin J. Garbis on 5/13/14. (apls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
WELLS FARGO BANK, N.A.

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Plaintiff

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vs.

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CHESAPEAKE FINANCIAL
SERVICES, INC. et al.

CIVIL ACTION NO. MJG-08-2439

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Defendants
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MEMORANDUM AND ORDER RE: THIRD-PARTY COMPLAINT
The Court has before it third Party Plaintiff Chesapeake
Financial Services, Inc.'s Motion to Liquidate Judgments Entered
Against Vorce And Jett [Document 350] and the materials
submitted relating thereto. The Court finds that neither a
response nor a hearing is necessary.
On February 16, 2010, the Court issued Orders of Default
against Third-Party Defendants Vorce and Jett.

[Documents 80,

81]. Third-Party Defendant Vorce opposes the entry of a default
judgment because, "upon information and belief," he cannot agree
that he was served personally with the Third-Party Complaint and
also because, even if he was served, he would have a defense to
the business damage claims.

See [Document 251].

Third-Party

Defendant Vorce does not contend that he would have a defense to
the claim for attorney's fees and costs in the amount of
$235,732.55.

As stated by the United States Court of Appeals for the
Fourth Circuit in Payne v. Brake:
Rule 55 of the Federal Rules of Civil
Procedure provides that a court may, "[f]or
good cause shown," set aside an entry of
default.
"The disposition of motions made
under Rule [ ] 55(c) . . . is a matter which
lies largely within the discretion of the
trial judge and his action is not lightly to
be disturbed by an appellate court."
439 F.3d 198, 204 (4th Cir. 2006) (alterations in
original) (citations omitted).
The Third-Party Plaintiff has withdrawn its claim for
business damages and seeks a judgment only for its attorney's
fees and costs.

See [Document 352] at 2.

Inasmuch as Third-

Party Defendant Vorce does not actually deny effective service
and does not suggest that he has any defense to the remaining
claim for attorney's fees and costs, the Court shall grant the
Third-Party Plaintiff's motion, but only as to the fees and
costs claim.
Third-Party Defendant Jett did not oppose the instant
Motion.

However, he shall have the benefit of the relief

provided to Third-Party Defendant Vorce.

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Accordingly:
1.

Chesapeake Financial Services, Inc.'s Motion to
Liquidate Judgments Entered Against Vorce And Jett
[Document 350] is GRANTED IN PART.

2.

Judgment consistent herewith shall be issued by
separate Order.

SO ORDERED, on Tuesday, May 13, 2014.

/s/__________
Marvin J. Garbis
United States District Judge

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