TD Bank, N.A. v. Carland Tractor and Equip., Inc. et al

Filing 61

ORDER that within 14 days Pltf shall file an appropriate motion or otherwise take further action with respect to Defts Carland Tractor and Equip. Inc. and Anthony E. Carland. Signed by District Judge Martin Reidinger on 6/22/17. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00248-MR-DSC

TD BANK, N.A.,

)
)
Plaintiff,
)
)
vs.
)
)
CARLAND TRACTOR AND EQUIP.,
)
INC., ANTHONY E. CARLAND, MAX )
LOWE CARLAND JR., and ELLEN C. )
CARLAND,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
The Plaintiff initiated this action on November 9, 2015 against the
Defendants Carland Tractor and Equip., Inc., Anthony E. Carland, Max Lowe
Carland Jr., and Ellen C. Carland. [Doc. 1]. Defendants Max Lowe Carland
Jr. and Ellen C. Carland filed an Answer and Counterclaim on January 6,
2016. [Doc. 13]. On January 26, 2016, the Clerk made entries of default
against the Defendants Carland Tractor and Equip., Inc. and Anthony E.
Carland. [Docs. 20, 21]. The Plaintiff moved for the entry of a default
judgment against the Carland Tractor and Equip., Inc. and Anthony E.
Carland, but that motion was denied without prejudice on May 13, 2016,

because the matter had not yet been fully adjudicated with respect to the
other Defendants who had appeared in the action. [Doc. 32].
On March 10, 2017, the Court granted summary judgment and entered
judgment in favor of the Plaintiff against the Defendants Max Lowe Carland,
Jr. and Ellen C. Carland. [Doc. 57]. Although this matter has now been fully
adjudicated with respect to the Defendants who appeared in this action, the
Plaintiff has taken no action with respect to the defaulted Defendants.
IT IS, THEREFORE, ORDERED that that within fourteen (14) days of
the entry of this Order, the Plaintiff shall file an appropriate motion or
otherwise take further action with respect to the Defendants Carland Tractor
and Equip. Inc. and Anthony E. Carland. The Plaintiff is advised that
failure to take such further action will result in the dismissal of its
claims against these Defendants.
IT IS SO ORDERED.

Signed: June 22, 2017

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