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United States v. MacArthur

July 26, 2006

UNITED STATES OF AMERICA, PLAINTIFF ,
v.
MACARTHUR, INC. AKA MACARTHUR & ASSOC. ROOFING, INC. DEFENDANT.



The opinion of the court was delivered by: Judge Algenon Marbley

Magistrate Judge Kemp

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.

ALGENON L. MARBLEY UNITED STATES DISTRICT JUDGE

20060726

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