Federal Deposit Insurance Corporation v. Silver Key Construction, LLC et al

Filing 41

ORDER granting 39 MOTION for default judgment against defendant Christopher Johnson. Signed on December 9, 2011 by Chief District Judge Fernando J. Gaitan, Jr. (Moore, Terri)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
THE COLUMBIAN BANK AND
TRUST COMPANY,
Plaintiff,
v.

SILVER KEY CONSTRUCTION, LLC,
et al.,
Defendants.

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) Case No. 11-CV-00779-FJG
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ORDER

Currently pending before the Court is FDIC as Receiver for the Columbian Bank and
Trust Company’s (“FDIC-R”) Motion for Default Judgment Against Defendant Christopher
M. Johnson (Doc. No. 39).
On August 5, 2011, FDIC-R filed its verified complaint and emergency motion for
temporary restraining order against Defendants. FDIC-R’s complaint seeks relief relating
to Defendant Silver Key and Defendant Christopher Johnson’s interference with FDIC-R’s
ownership and management of property located in Knob Noster, Missouri, following
foreclosure (Doc. No. 1). On October 7, 2011, the Court granted FDIC-R permission to
serve Defendant Johnson through alternative means, including service via publication,
certified mail, and U.S. Marshal (Doc. No. 24). Pursuant to Missouri Rule of Civil Procedure
54.12(c), service was obtained on Defendant Johnson via publication in the KC Daily Record
on October 18, 2011, continuing once per week for four consecutive weeks, including

October 25, 2011, November 1, 2011, and November 8, 2011 (Doc. No. 32). Defendant
Johnson has failed to file an answer, or otherwise respond to FDIC-R’s complaint. Pursuant
to Federal Rule of Civil Procedure 12 and 55, Defendant Johnson is now in default.
Accordingly, FDIC-R’s Motion for Default Judgment Against Defendant Christopher Johnson
(Doc. No. 39) is hereby GRANTED.
The Clerk of the Court is directed to mail a copy of this order via regular and certified
mail to the following: Christopher M. Johnson 32874 W. 216th Street Lawson, Missouri
64062; and Christopher Johnson 452 Knolls Place Nashville, Tennessee 37211.
IT IS SO ORDERED.

Date: 12/09/11
Kansas City, Missouri

S/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
Chief United States District Judge