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U.S. v. Macarthur, Inc.

United States District Court, S.D. Ohio, Eastern Division
Jul 26, 2006
Case No. C2-06-0171 (S.D. Ohio Jul. 26, 2006)

Opinion

Case No. C2-06-0171.

July 26, 2006


ORDER


On April 17, 2006, the United States of America by its representative, the United States Attorney for the Southern District of Ohio, moved the Clerk of this Court to enter a default judgment against Defendant, MacArthur, Inc., aka MacArthur Assoc. Roofing, Inc. ("MacArthur" or "Defendant"), pursuant to Rule 55(b)(1). [Doc. No. 7]. On May 31, 2006, the Clerk entered the default judgment. [Doc. No. 8].

Thereafter, this Court, finding that the affidavit submitted in support of the government's Rule 55(b)(1) motion failed to set forth the amount due, vacated the Clerk's default judgment and denied the government's motion for a default judgment without prejudice to the submission of a properly-supported motion. [Doc. No. 10]. It was later brought to this Court's attention, however, that Plaintiff had submitted a subsequent affidavit, which set forth the amount due, in accordance with Rule 55(b)(1). [Doc. No. 7, Ex. 1]. Accordingly, finding this later affidavit sufficient to support the government's motion for default judgment pursuant to Rule 55(b)(1), this Court hereby sua sponte rescinds its previous order [Doc. 10] and reinstates the entry of default judgment.

IT IS SO ORDERED.


Summaries of

U.S. v. Macarthur, Inc.

United States District Court, S.D. Ohio, Eastern Division
Jul 26, 2006
Case No. C2-06-0171 (S.D. Ohio Jul. 26, 2006)
Case details for

U.S. v. Macarthur, Inc.

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. MACARTHUR, INC. aka MACARTHUR…

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Jul 26, 2006

Citations

Case No. C2-06-0171 (S.D. Ohio Jul. 26, 2006)