Bell v. Parker et al
Filing
112
ORDER granting 98 Motion for Default Judgment as to Bin Xu. Signed by Senior Judge Graham Mullen on 05/27/2015. (Pro se litigant served by US Mail.)(jlk)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
KENNETH D. BELL, in his capacity as courtappointed Receiver for Rex Venture Group, LLC
d/b/a ZeekRewards.com,
Plaintiff,
vs.
CATHERINE PARKER, XIAOMEI WANG,
BEVERLY DAWN TRCA-KITCHEN,
BIN XU, JOEL BROUGHTON,
FENG GUANG WU, DON FITZ-RITSON,
RUTH KONIG, GUAN JUN ZHANG,
LEON KILLAM, GUO HUA LIANG, SANDRA
GAVEL, YONG SHENG WANG, DEVEY
DEJONG, The Executor or Administrator of
THE ESTATE OF BRUCE RICHARD
FOELLER, BRIAN FUSSEY, SHAO ZHANG
HUANG, JAMES MACELWAIN, EUGENE
VEINOTTE, 0937702 B.C. LTD, MICHAEL
GALLUP, JIA YU WANG, YING LIU,
JANE FERGUSON, ZAHID ALI, and
MEI-PING LIANG,
Defendants.
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Civil Action No. 3:14-cv-444
ORDER
THIS MATTER is before the Court on the Receiver’s Motion for Default Judgment
against Defendant Bin Xu. The Court finds that default was properly entered against Defendant
by the Clerk of this Court under Federal Rule of Civil Procedure 55(a) after Defendant failed to
plead or otherwise defend. The Court notes the Receiver’s extensive efforts to locate and
personally serve Defendant, including conducting extensive research for Defendant’s location,
hiring a Canadian investigative service, and serving Defendant at Defendant’s last known address.
Having reviewed the Receiver’s Application for Entry of Default as well as its accompanying
exhibits, the Court finds that these efforts constitute valid service of process on Defendant Xu
under both the Federal Rules of Civil Procedure and applicable International Law. Accordingly,
pursuant to Federal Rule of Civil Procedure 55(b)(2), the Court will grant the Motion and enter
Judgment against Defendant for the full amount of Defendant’s net winnings plus interest.
IT IS, THEREFORE, ORDERED that the Receiver’s Motion for Default Judgment
against Defendant Bin Xu is hereby GRANTED and JUDGMENT is entered against Defendant
in the amount of $298,190.76.
SO ORDERED.
Signed: May 27, 2015
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