Synovus Bank v. Pisgah Property Solutions, L.L.C. et al

Filing 23

DEFAULT JUDGMENT in favor of Synovus Bank against George M. Gabler, Pisgah Property Solutions, L.L.C. Signed by Clerk, Frank G. Johns on 1/14/13. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
Civil No. 1:11-cv-15
SYNOVUS BANK,
Plaintiff,
vs.
PISGAH PROPERTY SOLUTIONS,
L.L.C. and GEORGE M. GABLER,
Defendants.

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JUDGMENT

THIS MATTER is before the undersigned on a Motion for Entry
of Default Judgment by Plaintiff Synovus Bank (“Bank”) against
Defendants Pisgah Property Solutions, L.L.C. and George M. Gabler
(“Defendants”).

After

considering

the

Motion

and

related

documents and reviewing the Court file, it appears that:
The Bank filed its Complaint and Summonses were issued on
January 26, 2011, Defendants were each and both served on January
31, 2011, and Defendants failed to plead or otherwise defend.
Default was therefore entered on April 4, 2011, and a Default
Judgment was entered on June 28, 2011.
The Judgment was later vacated, the Bank was given leave to
file an Amended Complaint, and that Amended Complaint was filed
on July 13, 2012.
On December 13, 2012, the Court issued a Show Cause Order.
The Bank filed a Motion for Entry of Default and a Response to
Show Cause Order the following day.

Defendants

failed

to

file

a

response

to

the

Amended

Complaint and therefore default was entered on January 4, 2013
pursuant to Rule 55(a) of the Rules of Civil Procedure.

On

January 7, 2013, the Court discharged its Show Cause Order such
that this matter may proceed to judgment.
Defendants

are

not

infants

and

otherwise

are

not

incompetent.
The cause of action against Defendants consists of a breach
of contract, namely the failure of Defendants to pay the Bank the
sum of Four Hundred Twenty-Nine Thousand Six Hundred Seventy-Five
and 42/100 Dollars ($429,675.42) due under the Note and Guaranty
together with interest and costs.
The Bank’s claim is for a sum certain, and it has submitted
an Affidavit of Jerald Slaughter of the indebtedness within the
meaning of Rule 55(b)(1) of the Rules of Civil Procedure.
The Bank is therefore entitled to the entry of a Default
Judgment.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1.

That the Bank’s Motion for Entry of Default Judgment is
GRANTED

and

judgment

is

hereby

ENTERED

against

Defendants Pisgah Property Solutions, L.L.C. and George
M. Gabler;
2.

That the Bank have and recover of Defendants Pisgah
Property Solutions, L.L.C. and George M. Gabler jointly

2

and severally:
a)

The sum of Four Hundred Twenty-Nine Thousand
Six Hundred Seventy-Five and 42/100 Dollars
($429,675.42);

b)

interest on said amount as calculated from
the

date

of

this

judgment

pursuant

to

28

U.S.C. 1961; and,
c)

the costs of this action in the amount of
Three

Hundred

Fifty

and

($350.00).

Signed: January 14, 2013

3

00/100

Dollars