First City National Bank v. Cook

MEMORANDUM OPINION

BELEW, District Judge.

Pending before this Court is Plaintiff’s Motion for Judgment by Default. No response has been filed. Default Judgment is appropriate where the Defendant has been served but has failed to answer. At issue here is whether Defendant was properly served.

Plaintiff filed its Complaint on September 18, 1986, at which time it also issued summons. No return of service was received by the Clerk’s office. On December 9, 1986, Plaintiff amended its Complaint and again issued summons to Defendant. No return of service was received. On January 5, 1987, the summons…