Belfor USA Inc v. Britt et al

Filing 69

ORDER denying 62 Motion for Entry of Default Against Defendant Jerry Ray Britt, deferring entry of judgment against Britt until the conclusion of the case. Signed by the Honorable Joseph F. Anderson, Jr. on 03/11/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Belfor USA Group, Inc.,

C/A No. 3:13-cv-01967-JFA

Plaintiff,
vs.
ORDER
Jerry Ray Britt; Blackburne & Brown
Mortgage Fund I; and Seneca Insurance
Company, Inc.,
Defendants.

This matter comes before the court on a motion for entry of default judgment filed by the
plaintiff, Belfor USA Group, Inc., (“Plaintiff”) against one of the defendants, Jerry Ray Britt
(“Britt”) pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure. ECF No. 62. On
February 18, 2014, the Clerk of Court issued an entry of default against Britt. ECF No. 57. In its
motion for entry of default judgment, Plaintiff asserts that Britt has failed to file an answer or
otherwise respond to Plaintiff’s first amended complaint and requests that this court enter a
default judgment against Britt in the amount of $891,164.89. Id. Another defendant, Seneca
Insurance Company, Inc. (“Seneca”), has filed a response in opposition to the motion. ECF No.
66. The court heard oral arguments on March 6, 2014. After carefully considering the parties’
briefs and the arguments presented at the hearing, the court finds that the claims against Britt are
so intertwined with those against Seneca and another defendant, Blackburne & Brown Mortgage
Fund I, that the court will defer entry of judgment against Britt until the conclusion of the case.

IT IS SO ORDERED.

March 11, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge