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TUBE CITY IMS, LLC v. PAYNE SUPERIOR AUTOMOTIVE, INC.

Civil Action No. 11-0519-WS-B.

TUBE CITY IMS, LLC, Plaintiff, v. PAYNE SUPERIOR AUTOMOTIVE, INC., et al., Defendants.

United States District Court, S.D. Alabama, Southern Division.

July 5, 2012.

Attorney(s) appearing for the Case

Tube City IMS, LLC, Plaintiff, represented by Carter H. Dukes , Scott Dukes & Geisler, P.C., John W. Scott , Scott Dukes & Geisler, P.C. & Joshua Stephen Thompson .

Payne Superior Automotive, Inc., d/b/a Superior Automotive, Defendant, represented by Mack B. Binion , Briskman & Binion, P.C..

Diversified Mill Contractors, Inc., Defendant, represented by Mack B. Binion , Briskman & Binion, P.C..

William C. Payne, Defendant, represented by Mack B. Binion , Briskman & Binion, P.C..

David Chapman, Defendant, represented by Arthur J. Madden, III , Madden & Soto.

Chris R. Henderson, Defendant, represented by R. Jeffrey Perloff .

Timothy H. Middleton, Defendant, Pro Se.

Anthony Dalton, Defendant, represented by R. Jeffrey Perloff & Gregory C. Buffalow .

Johnny Bowen, Defendant, represented by Mark J. Everest , Galloway, Wettermark, Everest, Rutens & Gaillard, LLP, R. Jeffrey Perloff & Alicia Jacob Corley , Galloway, Wettermark, Everest, Rutens & Gaillard, LLP.

Johnny's RV, Defendant, represented by R. Jeffrey Perloff .

ORDER

WILLIAM H. STEELE, Chief District Judge.

This matter comes before the Court on defendant Anthony Dalton's Motion to Set Aside Entry of Default (doc. 142). On June 18, 2012, upon motion of plaintiff, the Clerk of Court entered a Clerk's Entry of Default (doc. 135) against Dalton under Rule 55(a) for failure to plead or otherwise defend within the time prescribed by the Federal Rules of Civil Procedure.1

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