Opinion
CIVIL ACTION NO. H-02-2038
November 8, 2002
ORDER
Pending before the Court is Third-Party Plaintiff Humble Community Bank, N.A.'s ("Humble Bank") Motion for Entry of Default (Dkt. # 21). Humble Bank is seeking an entry of default against Third-Party Defendants Southwest Cle-Tek, Inc. ("Southwest") and Coastal Foods, Inc. ("Coastal").
The affidavit attached to the motion establishes that both Southwest and Coastal were served with process on May 8, 2002 while this action was in state court. The action was then removed to federal court on June 3, 2002. See Dkt. # 1. As of the date this motion was filed, September 4, 2002, Southwest and Coastal had both failed to plead, appear, or otherwise defend against Humble Bank's claims.
The motion indicates that Humble Bank has complied with the requirement under the Local Rules that motions for default judgment must be served on the opposing parties by certified mail, return receipt requested. See S.D. TEX. LOCAL RULE 5.6. Despite this notice, neither Southwest nor Coastal has responded to this motion. However, since the filing of this motion, Coastal has appeared in this action. On September 23, 2002, Coastal filed an answer to Humble Bank's third-party complaint, see Dkt. # 25, and has participated in these proceedings ever since. As of the date of this Order, Southwest has still not appeared or otherwise defended itself in this action.
Thus, pursuant to Federal Rule of Civil Procedure 55(a), Humble Bank's motion for entry of default against Third-Party Defendant Southwest Cle-Tek, Inc. is GRANTED. Humble Bank's motion for entry of default against Third-Party Defendant Coastal Foods, Inc. is DENIED.
Accordingly, it is ORDERED that default be entered against Third-Party Defendant Southwest Cle-Tek, Inc.