Cadence Bank, NA v. Horry Properties, LLC et al

Filing 17

DEFAULT JUDGMENT in favor of plaintiff against Horry Properties, LLC, Arthur F. McLean, Elizabeth A. McLean entered by the Clerk. By District Judge Martin Reidinger on 4/9/2010. (pdf)

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION CIVIL NO: 2:09-CV-44 CADENCE BANK, N. A. Plaintiff, ) ) ) v. ) ORDER FOR ENTRY OF ) DEFAULT JUDGMENT AGAINST HORRY PROPERTIES, LLC, a South ) HORRY PROPERTIES, LLC Carolina Limited Liability Company; ) ARTHUR F. McLEAN, JR.; and ) ELIZABETH A. McLEAN, ) Defendants. ) ______________________________________________________________________________ THIS MATTER is before the Court on Plaintiff's Motion for Entry of Default Judgment Against Horry Properties, LLC. On April 8, 2010, Plaintiff moved this Court, for an entrance of a default judgment against Defendant Horry Properties, LLC stating: 1. LLC; 2. That on August 17, 2009, Plaintiff filed its Complaint praying for the award of That on March 15, 2010, the clerk entered a default against Horry Properties,

damages against Horry Properties, LLC in the amount of the deficiency from the foreclosure sale, three hundred sixty-seven thousand five hundred sixteen dollars and twenty-one cents ($367,516.21). 3. That pursuant to Civ.R. 54(d)(1), Plaintiff's costs, other than attorneys' fees,

consist of the three hundred and fifty dollar ($350.00) cost of filing this action with the Court on August 17, 2009 and the fifteen dollar ($15) service fee paid to the Horry County, South Carolina Sheriff's Office for service of process on Horry Properties, LLC for a total cost of three hundred sixty-five dollars ($365.00). Having considered Plaintiff's motion and reviewed the pleadings, the Court enters the

following Order: IT IS, THEREFORE, ORDERED that Plaintiff's motion for Entry of Default Judgment Against Horry Properties, LLC is ALLOWED, and an Entry of Default Judgment Against Horry Properties, LLC in the amount of three hundred sixty-seven thousand eight hundred eighty-one dollars and twenty-one cents ($367,881.21) is hereby entered.

Signed: April 9, 2010