America's Living Centers-WNC, LLC v. Yarborough et al

Filing 24

ORDER Pltf shall supplement its 22 Motion for Default Judgment as to Helen Christy Yarborough with an affidavit showing the amount due, within 14 days of entry of this Order; 22 Motion for Default Judgment held in abeyance until Pltf's required affidavit is filed; and Pltf to submit Proposed Judgment through CyberClerk for Clerk's signature. Signed by District Judge Martin Reidinger on 6/1/12. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv248

AMERICA'S LIVING CENTERS-WNC,
LLC,

)
)
)
Plaintiff,
)
)
vs.
)
)
HELEN CHRISTY YARBOROUGH,
)
et al.,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Default
Judgment against the Defendant Helen Christy Yarborough [Doc. 22].
Rule 55(b)(1) of the Federal Rules of Civil Procedure provides that the
Clerk of Court may enter a default judgment against a defendant “on the
plaintiff’s request,” provided that such request is support by “an affidavit
showing the amount due.” Fed. R. Civ. P. 55(b)(1). The Plaintiff has failed to
support its Motion with the necessary affidavit.
IT IS, THEREFORE, ORDERED that within fourteen (14) days of the
entry of this Order, the Plaintiff shall supplement its Motion for Default
Judgment with an affidavit showing the amount due.

IT IS FURTHER ORDERED that the Motion for Default Judgment shall
be held in abeyance until such time as the Plaintiff has filed the required
affidavit.
IT IS FURTHER ORDERED that the Plaintiff shall submit a proposed
Judgment through CyberClerk for the Clerk’s signature.
IT IS SO ORDERED.
Signed: June 1, 2012

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