Cox, Sr. 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.)

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.

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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

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Peter A. Moore, Jr.
Clerk of Court

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