ORIX FINANCIAL SERVICES v. LYNN'S CASH CARRY

Full title: ORIX FINANCIAL SERVICES, INC., a New York Corporation, Plaintiff, v…

Court: United States District Court, M.D. Alabama, Northern Division

Date published: Dec 20, 2005

Civil Action No. 2:05cv821-T (WO) (M.D. Ala. Dec. 20, 2005)

Opinion

Civil Action No. 2:05cv821-T (WO).

December 20, 2005

OPINION

MYRON THOMPSON, District Judge

This cause is before the court on the plaintiff ORIX Financial Services, Inc.'s application to the clerk of the court for entry of default judgment in the amount of $55,798.33, plus $150.00 in costs and $8,369.75 in attorney's fees, totaling $64,318.08, against defendant Lynn's Cash Carry, Inc.

The record in this case reflects that Lynn's Cash Carry, Inc. was served with a copy of the summons and complaint; that former co-defendants Millard Virginia Lynn filed Chapter 7 bankruptcy without a co-debtor stay for Lynn's Cash Carry, Inc.; that Lynn's Cash Carry, Inc. has failed to answer the summons and complaint within the time allowed; and that Lynn's Cash Carry, Inc. has failed to respond to an order of this court to show cause as to why final judgment should not be entered against it. Accordingly, this court is of the opinion that ORIX Financial Services, Inc.'s application to the clerk of the court for entry of default judgment should be granted and that judgment by default in the amount requested should be entered against Lynn's Cash Carry, Inc.

A judgment will be entered in accordance with this opinion.