The Bank of New York Trust Company, National Association v. City View Center, LLC

Filing 76

Opinion and Order signed by Judge James S. Gwin on 5/14/12 directing entry of default against Defendant City View Center, LLC under Rule 55(a). (Related Docs. 59 , 74 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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BANK OF NEW YORK TRUST CO.,
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Plaintiff,
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v.
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CITY VIEW CENTER, LLC, et al.,
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Defendants.
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CASE NO. 1:09-CV-328

ORDER
[Resolving Doc. No. 59]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
The Plaintiff in this mortgage foreclosure case seeks entry of default against a number of
named defendants, including Defendant City View Center. [Doc. 59.] Most of those defaults have
proceeded without issue, e.g. [Doc. 64], but the Court expressed concern that service was not
perfected on Defendant City View Center and requested a supplemental showing. [Doc. 67]; see
Maryland State Firemen’s Ass’n v. Chaves, 166 F.R.D. 353, 354 (D. Md. 1996). Those concerns
are allayed.

With the Plaintiff’s submission of a supplemental memorandum, [Doc. 74], the Court

is satisfied that the Defendant has properly been served with the Plaintiff’s First Amended
Complaint. [Doc. 43.]
No attorney entered a formal appearance for the Defendant at the time this action
commenced.

However, the parties submitted a proposed stipulation for the appointment of a

receiver for the property involved in this case shortly before Judge O’Malley made such an
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Case No. 1:09-CV-328
Gwin, J.
appointment. That stipulation says William J. Stavole was counsel for City View Center. [Doc. 5.]
The supplemental memorandum contains Mr. Stavole’s affidavit. In the affidavit, he says
that since February 19, 2009, he has been authorized to receive service on behalf of City View and
that the Defendant was in fact electronically served with a corrected version of the Amended
Complaint on December 16, 2011. [Doc. 74-3.]
Finding that the Amended Complaint was served upon City View on December 16, 2011,
Fed. R. Civ. P. 5(b); N.D. Ohio Civ. R. App’x. B, R. 14 (“[b]y participating in the electronic filing
process, the parties consent to the electronic service of all documents”), and that no answer has been
filed, the Court directs entry of default against Defendant City View Center, LLC under Rule 55(a).
IT IS SO ORDERED.

s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Dated: May 14, 2012

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