Grout Doctor Global Franchise Corp. v. Swanson et al

Filing 28

ORDER GRANTING 27 Plaintiff's Motion for Entry of Default as to Defendant Gary Swanson. Signed by Julie A. Richards, Clerk of Court, on 11/20/2014. Copy mailed to Gary Swanson, via US Mail, to 511 N. 7th Street, Wilmington, NC, 28401. (Fisher, M.)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WILMINGTON DIVISION Grout Doctor Global Franchise Corp., ) Case No.: 7:14-CV-105-BO ) Plaintiff, ) ) v. ) ) Groutman, Inc., Doctor Plumber, LLC, & Gary Swanson, ) ) ) ORDER GRANTING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT ) ___________________________ ) Defendants. ) This matter is before the Court upon the Motion of Plaintiff Grout Doctor Global Franchise Corp. ("GDG") for Entry of Default against Defendant Gary Swanson. GDG brings this Motion pursuant to Fed. R. Civ. P. 55(a). Upon considering the Motion for Entry of Default, the Court makes the fo !lowing findings of fact and conclusions of law: GDG caused a copy of the Summons and Complaint in this action to be served on Swanson in compliance with Rule 4 of the Federal Rules of Civil Procedure as evidenced by the Affidavit of Service previously filed with the Court. On June 4, 2014, Swanson filed a Motion to Dismiss GOG's Complaint ("Motion to Dismiss"). On September 22, 2014, the Court issued an Order denying Swanson's Motion to Dismiss. Pursuant to Fed. R. Civ. P. l2(a)(4)(A), Swanson was required to answer or otherwise respond to GOG's Complaint within 14 days of the Court's September 22, 2014 Order. Since the Court entered its Order on September 22, 2014, Swanson has not filed any answer, motion to dismiss, motion for extension, or other response to GDG's Complaint. Accordingly, the Court GRANTS the Motion for Entry of Default. ORDERED that a default be entered against Defendant Gary Swanson. ~-0.~ e k of the Court 2 It is hereby

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