William Walt Pettit, Receiver, v. Allen et al

Filing 80

ORDER granting 78 Motion for Entry of Default; granting 79 Motion for Entry of Default. Clerk is ordered to enter Huffman Racing, Inc. and George Huffman's default. Signed by District Judge Richard Voorhees on 4/14/2015. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:11-CV-158
WILLIAM WALT PETTIT, in his capacity
as Court-Appointed Receiver for the
Biltmore Financial Group, Inc.
Plaintiff,
v.
STEPHEN ALLEN, ET AL.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

ORDER

BEFORE THE COURT are motions for entry of default of Huffman Racing, Inc. (Doc.
78) and George Huffman (Doc. 79).
Huffman Racing, Inc. executed a waiver of service on October 10, 2010. (Doc. 17). On
February 24, 2012, Plaintiff filed the waiver of service. (Doc. 17). The time for Huffman Racing,
Inc. to answer or otherwise respond has passed.
George Huffman executed a waiver of service on October 10, 2010. (Doc. 16). On
February 24, 2012, Plaintiff filed the waiver of service. (Doc. 16). The time for George Huffman
to answer or otherwise respond has passed.
Under Rule 55, “[w]hen a party against whom a judgment for affirmative relief is sought
has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the
clerk must enter the party’s default.”
IT IS, THEREFORE, ORDERED THAT
(1) Plaintiff’s Motions for Default of Huffman Racing, Inc. and George Huffman (Docs.
78-79) are GRANTED; and

(2) the Clerk is ORDERED to enter Huffman Racing, Inc. and George Huffman’s default.

Signed: April 14, 2015