Synovus Bank v. Pisgah Property Solutions, L.L.C. et al
Filing
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DEFAULT JUDGMENT in favor of Synovus Bank against Pisgah Property Solutions, L.L.C., Kenneth Porter-Shirley. Signed by Clerk, Frank G. Johns on 1/14/13. (nll) Modified text on 1/14/2013 (ejb).
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
Civil No. 1:11-cv-16
SYNOVUS BANK,
Plaintiff,
vs.
PISGAH PROPERTY SOLUTIONS,
L.L.C. and KENNETH PORTERSHIRLEY,
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 Kenneth PorterShirley (“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 5, 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 such Amended Complaint was filed
on July 13, 2012.
On December 12, 2012, the Court issued a Show Cause Order.
The Bank filed a Motion for Entry of Default and a Response to
Show Cause Order on December 14, 2012.
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 to Plaintiff
the sum of Three Hundred Eleven Thousand Three Hundred Fifty and
83/100 Dollars ($311,350.83) 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
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is
hereby
ENTERED
against
Defendants
Pisgah
Property
Solutions,
L.L.C.
and
Kenneth Porter-Shirley;
2.
That the Bank have and recover of Defendants Pisgah
Property Solutions, L.L.C. and Kenneth Porter-Shirley,
jointly and severally:
a.
the sum of Three Hundred Eleven Thousand Three
Hundred Fifty and 83/100 Dollars ($311,350.83);
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 00/100 Dollars ($350.00).
Signed: January 14, 2013
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