BAC Home Loans Servicing, LP v. Powell, et al

Filing 29

ORDER granting 22 Motion for Entry of Clerks Default Against Granite Ridge Subdivision Homeowners Association, Inc. Signed by Dennis P. Iavarone, Clerk of Court on 6/8/2011. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

Civil Action No.: 5:11-cv-00051-F

BAC HOME LOANS SERVICING,

LP F/K/A COUNTRYWIDE

HOME LOANS SERVICING, LP,

)
)
)
)

Plaintiff,

)

vs.

)
)

IVAN POWELLi CANDACE POWELLi
CARLTON GROUP OF NORTH
CAROLINA, LLCi
CARLTON CONSTRUCTION CORP.
PENSION FUNDi MURDOCK AND
GANNON CONSTRUCTION, INC.i
UNITED STATES DEPARTMENT OF
HOUSING & URBAN DEVELOPMENTi
NATIONWIDE TRUSTEE SERVICES,
INCi CACH, LLCi
GRANITE RIDGE SUBDIVISION
HOMEOWNERS ASSOCIATION, INC.,

)
)
)
)

ORDER FOR ENTRY
OF DEFAULT AS TO
GRANITE RIDGE SUBDIVISION
HOMEOWNERS ASSOCIATION, INC.

)
)
)
)

)
)
)
)
)

Defendants.

)

THIS MATTER came before the Court on Plaintiff's Motion for
Entry

of

Default

Homeowners
evidentiary

as

to

Association,
hearing

is

Defendant

Inc.
not

[DE

Granite

Ridge

22]

The

Court

required,

the

matter

Subdivision

finds
is

that

an

otherwise

ripe for review and finds as follows:
PROCEDURAL BACKGROUND

On February 2, 2011,

Plaintiff filed suit against Defendants

for reformation of instruments of title and foreclosure,

[Doc 1]

to which summons issued as to Defendant Granite Ridge Subdivision

Homeowners

Association,

Inc.,

["Defendant

Granite

Ridge

served upon Defendant Granite Ridge HOA on February 15, 2011.

HOA"]
[Doc

7]

Defendant

Granite

Ridge

pleadings as required by Fed.

HOA
R.

failed

Civ.

P.

to
12.

file

responsive

and is in default

of the Complaint.
Pursuant to Fed. R. Civ. P. 55
entry

of

Clerk's

Default

as

to

(a) Plaintiff is entitled to
its

Complaint

against

the

Defendant Granite Ridge HOA.
CONCLUSION

Accordingly,

after a careful review of the record and the

Court being otherwise fully advised,

it is ORDERED AND ADJUDGED

that Plaintiff's Motion for Entry of Default as to Granite Ridge
HOA is GRANTED.
DONE AND ORDERED in chambers at Raleigh, Wake County, North
Carolina, this

~

~ 2011.
:ea:.~c,~

day of

DENNIS P.IAVARONE, ClERK

Cc:
Andrew R. Bickwit
Attorneys for Plaintiff
JOHNSON & FREEDMAN, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
Telephone: [phone] x8837
Facsimile: [phone]
Email: [e-mail]
North Carolina Bar No. 13255