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U.S. BANK NATIONAL ASSOCIATION ND v. ELENDER ESCROW, INC

Case No. 4:11CV00123 JMM, Consolidated with Case No. 4:10CV00293 JMM.

U.S. BANK NATIONAL ASSOCIATION ND Cross-Claimant v. ELENDER ESCROW, INC, ET AL. Cross-Defendants, MARK AND KARLA GIBBS Plaintiffs, v. PRIMELENDING, A PLAINS CAPITAL COMPANY, ET AL. Defendants, U.S. BANK NATIONAL ASSOCIATION ND Cross-Claimant, v. STEWART TITLE GUARANTY COMPANY, ET AL. Cross-Defendants.

United States District Court, E.D. Arkansas, Western Division.

June 18, 2012.

Attorney(s) appearing for the Case

U S Bank National Association ND, Plaintiff, represented by Randy Lee Grice , Hilburn, Calhoon, Harper, Pruniski & Calhoun, Ltd. & Jon A.C. Vonder Haar , Smith Dollar PC.

Netco Inc, Defendant, represented by Amy Clemmons Brown , McMullan Law Firm.

Netco Title Inc, Defendant, represented by Amy Clemmons Brown , McMullan Law Firm.

Stewart Title Guaranty Company, Defendant, represented by Don A. Eilbott , Jack Nelson Jones Jiles & Gregory, P.A. — LR & Jonathan Brad Moore , Jack Nelson Jones & Bryant, P.A. — LR.

Corinthian Title Company Inc, Defendant, represented by Robert A. Frazier , Frazier & Frazier, Lawyers, PLC.

Bryan Kelly, Defendant, Pro Se.

Mark Gibbs, Plaintiff, represented by Donald K. Campbell, III , Campbell & Grooms PLLC & Kendel W. Grooms , Campbell & Grooms PLLC.

Karla Gibbs, Plaintiff, represented by Donald K. Campbell, III , Campbell & Grooms PLLC & Kendel W. Grooms , Campbell & Grooms PLLC.

PrimeLending, A Plains Capital Company, Defendant, represented by M. Stephen Bingham , Cross, Gunter, Witherspoon & Galchus, P.C. — Little Rock.

Netco Inc, Defendant, represented by Amy Clemmons Brown , McMullan Law Firm & Marian Major McMullan , McMullan Law Firm.

Corinthian Title Company Inc, Defendant, represented by Emily E. Reynolds , Mitchell Williams Law Firm — Rogers & Robert A. Frazier , Frazier & Frazier, Lawyers, PLC.

Netco Title Inc, Defendant, represented by Amy Clemmons Brown , McMullan Law Firm & Marian Major McMullan , McMullan Law Firm.

Stephanie R Drye, Defendant, represented by Amy Clemmons Brown , McMullan Law Firm & Marian Major McMullan , McMullan Law Firm.

Jeffery H Brown, Defendant, represented by M. Stephen Bingham , Cross, Gunter, Witherspoon & Galchus, P.C. — Little Rock.

Stewart Title Guaranty Company, Defendant, represented by Don A. Eilbott , Jack Nelson Jones & Bryant, P.A. & Jonathan Brad Moore , Jack Nelson Jones Jiles & Gregory, P.A. — LR.

U S Bank National Association ND, Defendant, represented by Jon A.C. Vonder Haar , Smith Dollar PC.

ORDER

JAMES M. MOODY, District Judge.

U.S. Bank's Motion for Default Judgment against Stewart Title Guaranty Company ("Stewart Title") based upon Stewart Title's failure to file a timely answer to U.S. Bank's First Amended Complaint is denied (#181) for the following reasons.

Similarly situated Co-Defendants Netco, Inc., and Netco Title, Inc., filed timely answers to the First Amended Complaint which inure to the benefit of Stewart Title under the...

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