AmTrust International Underwriters Limited v. Enslein et al

Filing 40

ORDER FINDING DEFENDANT JOE JOHNSON IN DEFAULT. Signed on 2/4/19 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) Mailed to Giacomo E Di Mase, Largo dell'olgiata 15 isola 11D, Rome, 00123 Italy; Joe Johnston, 1501 N. Madison Street, Raymore, MO 64083; Lee O Kraus, Jr, 505 Stanwich Road, Greenwich, CT 06831; Leonard P Kaiser, 145 Emily Drive, Moore, SC 29369; Tristam G Jensvold, 624 Zion Street, Apt. 3, Nevada City, CA 95959 on 2/4/2019 (Crocker, Susan).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
AMTRUST INTERNATIONAL
UNDERWRITERS LIMITED,
Plaintiff,
vs.
JERALD S. ENSLEIN, in his capacity
as Chapter 7 Trustee for Xurex, Inc.,
et al.,
Defendants.

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Case No. 18-09019-CV-W-ODS

ORDER FINDING DEFENDANT JOE JOHNSON IN DEFAULT
Because Defendant Xurex, Inc. is a Chapter 7 debtor, Plaintiff AmTrust
International Underwriters Limited (“AmTrust”) initiated an adversary proceeding in
Xurex’s bankruptcy case on September 13, 2018. Adv. Proc. 18-4222-drd. The
adversary proceeding was referred to the Bankruptcy Court pursuant to the Court’s
standing order. Relevant here, a summons was issued to Defendant Joe Johnson on
September 14, 2018, and Plaintiff served Johnson on September 17, 2018. Johnson
was required to respond to the adversary proceeding within thirty-five days after the
summons was issued. Fed. R. Bankr. P. 7012(a).
On September 21, 2018, Plaintiff moved to withdraw the reference pursuant to 28
U.S.C. § 157(d) and Rule 5011 of the Federal Rules of Bankruptcy Procedure. Adv.
Proc. 18-4222-drd (Doc. #21). The Clerk of the Court opened the instant case. The
Court granted Plaintiff’s motion to withdraw the reference, and Plaintiff filed its
Complaint in this matter on October 30, 2018. Doc. #9. On December 6, 2018, Plaintiff
moved for entry of default against Johnson. Doc. #24. Johnson did not respond to
Plaintiff’s motion.
On December 31, 2018, Plaintiff filed an amended motion seeking entry of
default against Johnson. Doc. #30. On January 2, 2019, the Court ordered Johnson to
show cause, within twenty-one days, why default should not be entered. Doc. #31. The
Court forewarned Johnson that if he failed to comply with the Court’s Order, default

judgment may be entered against him without further notice. Johnson did not respond
to the Court’s Order, and the time for doing so has passed. Accordingly, the Court
grants Plaintiff’s motion for default against Johnson, and finds Johnson in default.
The Clerk’s Office is directed to send two copies of this Order, one via first class
mail, postage prepaid, and one via certified mail, return receipt requested, to the
following:
Joe Johnson
1501 North Madison Street
Raymore, Missouri 64083
IT IS SO ORDERED.
/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

DATE: February 4, 2019

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