BMO Bank N.A. v. Gym Supply Warehouse et al.

Filing 10

Order: Plaintiff's Motion for Entry of Default Judgment (Doc. 8 ) is granted; 2. The default of all Defendants be, and the same hereby is, entered, and the Clerk shall record same; 3. Plaintiff, BMO Bank N.A., shall, within twenty-one (2 1) days (1/27/2025) of the date this Order/Entry of Default is filed, submit an affidavit supporting all damages, including any claimed fees and costs, to which it now is entitled, along with a proposed Order of Judgment regarding all legal and equit able relief due; and 4. The Clerk shall, upon Plaintiff's compliance with this Order, cause the electronic signature of the undersigned to be endorsed thereon, file the Order, and enter default judgment in favor of Plaintiff against all Defendants. Judge James G. Carr on 1/4/2025. (D,TM)

IN THE UNITED STATES DISTRICT COURT,
NORTHERN DISTRICT OF OHIO,
WESTERN DIVISION
BMO Bank, N.A.,

Case No. 3:24-cv-01632

Plaintiff,

Judge James G. Carr

v.

ORDER ENTRY OF DEFAULT

Gym Supply Warehouse, LLC, et al.,
Defendants.
Background

This matter comes before the Court on Plaintiff’s, BMO Bank, N.A., Motion (Request)
for Entry of Default Judgment against all Defendants, Gym Supply Warehouse, LLC, Jason
Clark, Robert Roth, and Andrew Slone, pursuant to Fed. R. Civ. P. 55(a).
This action is one of Breach, Replevin, Specific Performance, and Injunctive Relief.
Plaintiff is the lender and Defendants the borrower(s). Plaintiff entered into three Loan and
Security Agreements with Defendants (January 20, 2020; February 20, 2020; and April 19,
2021). (Doc. 1, pgID 3-4). Defendants put up four Volvo tractors as Collateral. (Id., pgID. 4.).
Defendants defaulted on the loan payments beginning January 1, 2024. The notes were
accelerated, and as of July 2024, Defendants owed at least $103,357.25, plus interest, late
charges, and other fees. (Id. at 5-6). Therefore, Plaintiff claims, as of July 29, 2024, it is due
$111,978.33 plus attorney fees and expenses. (Id. at 6).
Analysis
In examining service upon the three individual Defendants, Defendant Robert Roth was
served by leaving a copy of the Summons and Complaint with his wife, Joyce Roth, at their
residence (1704 Kingsbury Dr., Saint Marys, Ohio 45885) on October 1, 2024. (Doc. 4).

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Defendant Andrew Slone was served by leaving of copy of the Summons and Complaint
with his wife, Alicia Slone, at their residence (9281 Donatello Dr., Dublin, Ohio 43016) on
October 21, 2024. (Doc. 5).
Defendant Jason Clark was served by leaving a copy of the Summons and Complaint
with his wife, Andrea Clark, at their residence (225 S. Wayne St., Saint Marys, Ohio 45885) on
October 2, 2024. (Doc. 7).
Plaintiff filed an affidavit and accompanying documents in support to demonstrate that all
individuals (non-minors) were properly served in accordance with Fed. R. Civ. P. 4(e)(2)(A), (B).
Each had 21 days from service to respond. None filed an Answer or otherwise filed a responsive
pleading. All are in default.
As to the fourth Defendant, Gym Supply Warehouse, LLC, a copy of the Summons and
Complaint was personally delivered to Jason Clark, agent, at the usual place of business (315
Freewalt Way, Saint Marys, Ohio 45885) on October 2, 2024. (Doc. 6). Based on the affidavit in
support, the corporate Defendant was also properly served under Fed. R. Civ. P. 4(h)(1)(B) on
October 2, 2024. The LLC also failed to file an Answer or otherwise plead within the timeframe
allowed and is also therefore in default.
Therefore, Plaintiff’s Motion should be granted in accordance with Fed. R. Civ. Pro.
55(a).
Conclusion
On review of the Plaintiff’s Motion for Entry Default Judgment (Doc. 8), it appearing
that all Defendants, despite being duly and properly served with a Summons and Complaint,
have failed, within the time permitted, to file an Answer or other responsive pleading, it is
hereby,
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Ordered that:
1. Plaintiff’s Motion for Entry of Default Judgment (Doc. 8) is granted;
2. The default of all Defendants be, and the same hereby is, entered, and the Clerk shall
record same;
3. Plaintiff, BMO Bank N.A., shall, within twenty-one (21) days of the date this
Order/Entry of Default is filed, submit an affidavit supporting all damages, including any
claimed fees and costs, to which it now is entitled, along with a proposed Order of
Judgment regarding all legal and equitable relief due; and
4. The Clerk shall, upon Plaintiff’s compliance with this Order, cause the electronic
signature of the undersigned to be endorsed thereon, file the Order, and enter default
judgment in favor of Plaintiff against all Defendants.
So ordered.
Date: 1/4/2025
/s/ James G. Carr
Sr. U.S. District Judge

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