Cox, Sr., et al. v. AGCO Corporation, et al.

Filing 187

ORDER granting 148 Motion for Entry of Default against defendant Prestolite Performance, successor to Hayes Performance Brakes. Signed by Peter A. Moore, Jr., Clerk of Court on 11/13/2017. (Briggeman, N.)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:16-CV-84-D JACK HOWARD COX, Executor of the Estate of Percy Ray Cox, Plaintiff, v. AGCO CORPORATION, et al. Defendants. ) ) ) ) ) ) ) ) ORDER This matter is before the clerk on the motion for entry of default [DE-148]. Therein, plaintiff Jack Howard Cox, Sr., as executor of the Estate of Percy Ray Cox, 1 seeks entry of default against defendant Prestolite Performance, successor to Hayes Performance Brakes ("Prestolite"). The undersigned issued an order on October 6, 2017 [DE-184], observing that plaintiff properly effected service on defendant Prestolite Performance via the North Carolina Secretary of State, but also observing that public records show that the legal name of that defendant is now ACCEL Performance Group. The undersigned held the motion in abeyance, and directed plaintiff to file a notice stating whether the clerk should proceed to rule on the motion for entry of default or whether plaintiff would be filing a motion with regard to the name of the defendant. 1 The motion was filed by plaintiffs Jack Howard Cox, Sr., Craig Michael Cox, and Valerie M. Cox, co-executors of the Estate of Percy Ray Cox, Deceased and Charlotte Cox, Individually. After these plaintiffs filed the motion, they filed the Amended Complaint [DE-157], in which the sole plaintiff is Jack Howard Cox, Sr., as executor of the Estate of Percy Ray Cox. Plaintiff timely complied and filed a notice [DE-186] asking the clerk to proceed to rule on the motion for entry of default. For the reasons stated in the October 6, 2017 Order [DE-184], and pursuant to Rule SS(a) of the Federal Rules of Civil Procedure, the motion [DE-148] is GRANTED and default is entered against defendant Prestolite Performance, successor to Hayes Performance Brakes SO ORDERED. This the 13th day ofNovember, 2017 ~~/ Peter A. Moore, Jr. Clerk of Court 2 /

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?