Monterey Bay Homes LLC v. Chambers et al

Filing 130

ORDER. It is ordered that Plaintiff's claim against Defendant Palmetto Design Group is dismissed with prejudice. Signed by The Honorable R Bryan Harwell on 5/6/2014. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Monterey Bay Homes, LLC,
Plaintiff,
v.
Palmetto Design Group, LLC,
Defendant.

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Civil Action No.: 4:12-cv-00891-RBH

ORDER

Plaintiff Monterey Bay Homes, LLC filed this action on March 29, 2012, and served its
amended complaint on Defendant Palmetto Design Group, LLC. Defendant did not file an answer
or otherwise appear in this action. The Clerk of Court accordingly issued an entry of default as to
Defendant on September 27, 2012. ECF No. 41. When Plaintiff filed a motion for default judgment,
the Court denied Plaintiff’s motion without prejudice “pending the conclusion of this action against
the remaining defendants.” See ECF Nos. 43, 48. Plaintiff’s claims against those remaining
defendants were dismissed on April 29, 2014. ECF No. 124. On that day, the Court gave notice to
Plaintiff that Plaintiff’s claims against Defendant would be dismissed with prejudice unless Plaintiff
renewed its motion for default judgment by Monday, May 5, 2014. See Fed. R. Civ. P. 41(b). No
motion was filed by the deadline. IT IS THEREFORE ORDERED that Plaintiff’s claim against
Defendant Palmetto Design Group is DISMISSED with prejudice.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
May 6, 2014
Florence, South Carolina