Wright v. Baynes et al

Filing 17

ORDER granting 14 Motion for Default Judgment. Signed by Senior Judge Graham Mullen on 11/30/2016. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Case No. 3:16-CV-621
A. COTTEN WRIGHT, in her capacity as the
court-appointed Receiver for DCG Real Assets,
LLC, DCG Commercial Fund I, LLC, H20, LLC,
DCG PMG, LLC, DCG PMF, LLC, Finely
Limited, LLC, DCG Funds Underwriting, LLC,
DCG ABF Management, LLC, DCG Funds
Management, LLC, Davis Capital Group, Inc.,
Davis Financial, Inc., DCG Commercial
Holdings, LLC, DCG Commercial, LLC, DCG
Partners, LLC, DCG Real Estate Development,
LLC, Huntersville Plaza Phase One, LLC,
Huntersville Plaza Phase Two, LLC, North Lake
Business Park, LLC, and Richard Davis
Enterprises, LLC,

ORDER GRANTING MOTION FOR
DEFAULT JUDGMENT

Plaintiff,
v.
JOHN A. BAYNES, III, JOHN BAYNES
COMPANY, INC., JBC, INC., BARON ROAD
PARTNERS, LLC, MICHAEL T. O’BRIEN,
DEBORAH K. MCDONNELL, and JOSEPH D.
PHELPS,
Defendants.
THIS MATTER comes before the Court on the Plaintiff’s Motion for Default Judgment
(Doc. No. 14) filed on November 22, 2016 (the “Motion”). Through the Motion, Plaintiff seeks
default judgment against those defendants as to which the Clerk has previously entered default in
this above-captioned action (the “Defaulting Defendants”) on her claim for declaratory relief that
a certain deed of trust purportedly encumbering receivership property is void. It appears from the
record in this case: that a complaint was filed by Plaintiff on August 16, 2016; that service was
obtained on Defaulting Defendants John Baynes Company, Inc., JBC, Inc., Baron Road Partners,

LLC, and Deborah K. McDonnell on August 22, 2016, August 23, 2016, August 23, 2016, and
October 3, 2016, respectively; that the Court has jurisdiction over the subject matter of this action;
that the Defaulting Defendants are not under any disability or in active military service; that the
Defaulting Defendants failed to plead or appear in the time allowed by law, and that defaults have
been entered against the Defaulting Defendants.
IT IS, THEREFORE, ORDERED that the Motion is GRANTED.
SO ORDERED.

Signed: November 30, 2016