Anderson v. Office Depot, Inc.

Filing 25

ORDER granting 23 Motion for Default Judgment. Signed by Senior Judge Graham Mullen on 6/25/2013. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Civil Action No.: 3:12-CV-560-GCM-DSC
DEBORAH ANDERSON,
Plaintiff,

Vs.

OFFICE DEPOT, INC.,
Defendant,

ORDER

And
OFFICE DEPOT, INC.,
Third-Party Plaintiff,
Vs.
AMERICAN FURNITURE
LIQUIDATORS, INC.,
Third-Party Defendant.
Upon the Motion for Default Judgment filed by Office Depot, Inc. (“Office Depot”)
against American Furniture Liquidators, Inc. (“AFL”), and pursuant to Federal Rule of Civil
Procedure 55(b)(2), the Court finds that there is an Entry of Default against AFL [DE-19] for
failure to plead or otherwise respond, that AFL is not a minor or incompetent person, and that
AFL has not appeared in this action, personally or by representative.
The Court further finds that should Office Depot be found to be negligent, which Office
Depot denies, that AFL was also negligent; that, should such negligence be found, that Office
Depot and AFL are jointly and severally liable; that Office Depot’s negligence, should Plaintiff

be entitled to recover, was passive; and that AFL’s negligence, as alleged in Office Depot’s
Third-Party Complaint, was active.
It is therefore ORDERED that JUDGMENT by default is entered against American
Furniture Liquidators, Inc. entitling Office Depot, Inc. to indemnification from American
Furniture Liquidators, Inc. for any and all damages to which Plaintiff may be entitled.

SO ORDERED.

Signed: June 25, 2013