Hopkins v. Kansas Teachers Community Credit Union

Filing 156

ORDER granting 134 motion for default judgment against Third Party Defendant Flatiron Financial Services. Signed on 3/12/10 by District Judge Gary A. Fenner. (Mitchell, Lisa)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION CECIL E. HOPKINS, individually and on behalf of a class of all others similarly situated, ) ) ) ) Plaintiff, ) ) vs. ) ) KANSAS TEACHERS COMMUNITY ) CREDIT UNION, ) ) Defendant/Third Party Plaintiff, ) ) vs. ) ) MARATHON ROTHSCHILD CREDIT ) UNION, et al., ) ) Third Party Defendants. )

Case No. 08-05052-CV-SW-GAF

ORDER GRANTING DEFAULT JUDGMENT Presently before the Court is Third-Party Plaintiff Kansas Teachers Community Credit Union's ("KTCCU") Motion for Default Judgment Against Third-Party Defendant Flatiron Financial Services, Inc. filed pursuant to Fed. R. Civ. P. 55. (Doc. #134). On July 8, 2009, KTCCU filed its Third-Party Complaint for indemnity and contribution against Third-Party Defendant Flatiron Financial Services, Inc. d/b/a "Peak5" ("Peak5"). (Doc. #52). Peak5 was served with process on July 15, 2009. (Doc. #110). Under Fed. R. Civ. P. 12(a)(1)(A)(I), Peak5 was required to file its Answer to the ThirdParty Complaint on or before August 4, 2009. To date, Peak5 has not attempted to respond. KTCCU requests the Court enter a default judgment against Peak5 on the issue of liability only at

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this time. The Court finds Peak5 is in default, and KTCCU is entitled to a default judgment under Fed. R. Civ. P. 55 on the issue of liability. Accordingly, it is ORDERED that KTCCU's Motion is GRANTED.1 s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: March 12, 2010

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If necessary, the amount of KTCCU's damages shall be determined at a later date. 2