WakeMed et al v. Johnson et al

Filing 32

ORDER granting 31 Motion for Default Judgment as to Defendant, F. John Evans - Signed by Chief Judge James C. Dever III on 9/18/2014. (Tripp, S.)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION 5:12-cv-0265-D W AK.EMED, as the Plan Administrator Of the WakeMed Retirement Savings Plan, And PLAN ADMINISTRATOR OF THE W AKEMED PENSION PLAN Plaintiffs, v. ORDER GRANTING DEFAULT JUDGMENT LINDA F. JOHNSON, as the Administrator ofThe Estate of DONNA L. EVANS, MATTHEW J. EVANS, MEREDITH FLOOD, RENEE C. EVANS, F. JOHN EVANS and DALE TULLOCH, Defendants. Pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, it appears that Judgment by Default should be entered against the Defendant, F. John Evans, based upon the following: 1. A Complaint in Interpleader was filed herein on May 15, 2012. 2. Plaintiffs Affidavit of Service, filed July 13, 2012, reflects that Defendant, F. John Evans, received service of process on May 18, 2012. 3. Defendant, F. John Evans, failed to answer, defend, or provide a responsive pleading in accordance with the Federal Rules of Civil Procedure. 4. An Entry of Default was made on July 31, 2013, and Defendant, F. John Evans, has yet to object or provide any responsive pleading. 5. The amount in controversy is a sum certain, a lump sum paid over to the Clerk, by the Plaintiff Accordingly, Judgment by Default is hereby entered against Defendant, F. John Evans, such that he shall have no claim or claims to or regarding the funds comprising the subject of this action in Interpleader. SO ORDERED. This 1.d_ day of September 2014.

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