Fidelity and Guaranty Insurance Company v. Construction Advantage, Inc. et al

Filing 16

ORDER granting 15 Motion for Entry of Default. Signed by Clerk on 01/20/2009. (thh)

1IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE-SHELBY DIVISION NO. 1:08-cv-460

FIDELITY AND GUARANTY INSURANCE ) COMPANY, ) ) Plaintiff, ) ) v. ) ) CONSTRUCTION ADVANTAGE, INC., ) JAMES H. OGLE, DONNA J. McDANIEL, ) and ELIZABETH J. EVANS, ) ) Defendants. )

ORDER FOR ENTRY OF DEFAULT

1

Upon Plaintiff's Request for Entry of Default against Defendant Donna J. McDaniel

and because Defendant Donna J. McDaniel has failed to appear, plead, or otherwise defend this civil action, default is entered against Defendant Donna J. McDaniel pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. This the _20th__ day of January, 2009.

s/Tammy H. Hightower Clerk, U.S.D.C., W.D.N.C.

CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing pleading with the Clerk of Court using the CM/ECF system. The system will send notification of the filing to the following attorneys of record: E. Thomison Holman, Esq. Adams Hendon Carson Crow & Saenger, P.A. 72 Patton Avenue Asheville, NC 28801 [e-mail] Attorneys for Defendants Construction Advantage, Inc. And James H. Ogle Gene B. Johnson, Esq. Johnson Law Firm, P.A. Post Office Box 1288 Arden, NC 28704 [e-mail] Attorneys for Elizabeth J. Evans I also hereby certify that I served the foregoing pleading upon the following party by mailing a copy thereof to her attorney at the address indicated below with the proper postage attached and deposited in an official depository under the exclusive care and custody of the United States Postal Service in Raleigh, North Carolina, in accordance with Rule 5 of the Federal Rules of Civil Procedure. Anthony S. Privette, Esq. Pope McMillan Kutteh Privette Edwards & Schieck, P.A. 113 North Center Street, Suite 200 Statesville, NC 28677 [e-mail] Attorneys for Donna J. McDaniel This the 16th day of January, 2009.

BY: / s /

Matthew

C.

Bouchard

Matthew C. Bouchard N.C. State Bar No. 35995