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Stout Street Funding LLC v. Otis Johnson A/K/A Otis Johnson- Davenport

June 1, 2012

STOUT STREET FUNDING LLC
v.
OTIS JOHNSON A/K/A OTIS JOHNSON- DAVENPORT, ET AL.



The opinion of the court was delivered by: R. Barclay Surrick, J.

ORDER

AND NOW, this 1st day of June , 2012, upon consideration of Defendant Title Resources Guaranty Company's Motion to Dismiss (ECF No. 28), Plaintiff Stout Street Funding LLC's Motion for Default Judgment (ECF No. 60), and Defendants Otis Johnson, Mabstract, LLC, and Mabstract Management, LLC's Petition to Set Aside Entry of Default and Seeking Leave to File Answer (ECF No. 64), and all documents submitted in support thereof and in opposition thereto, it is ORDERED as follows:

1. Defendant Title Resources Guaranty Company's Motion to Dismiss (ECF No. 28) is GRANTED in part and DENIED in part.

A. The Motion is GRANTED as to Plaintiff's negligence claim (Count VIII). In all other respects the Motion is DENIED.

2. Plaintiff Stout Street Funding LLC's Motion for Default Judgment (ECF No. 60) is DENIED without prejudice to Plaintiff's refiling of

3. Defendants Otis Johnson, Mabstract, LLC, and Mabstract Management, LLC's Petition to Set Aside Entry of Default and Seeking Leave to File Answer (ECF No. 64)is DENIED.

IT IS SO ORDERED.

BY THE COURT:

20120601

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