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Case: 1:94-cv-00002-TMR Doc #: 576 Filed: 04/12/04 Page: 1 of 2 PAGEID #: 1093

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION


Plaintiffs,


WILLIAM P. McDANNOLD, et al.,













STAR BANK, N.A., et al.,




Defendants.


v.




































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Case No. C-1-94-0002


Judge Thomas M. Rose

Magistrate Judge Michael Merz




ENTRY AND ORDER GRANTING PLAINTIFFS’ APPLICATION FOR

ENTRYOF DEFAULT JUDGMENT AGAINST DEFENDANT WILLIAM HARE

(DOC. 574) AND ENTERING DEFAULT JUDGMENT AGAINST DEFENDANT HARE

On March 25, 2004, this Court issued an entry (Doc. 570) granting Plaintiffs’ motion for

the entry of a default order against Defendant Hare and directing the Clerk to enter a default

against Hare. As directed, the Clerk then entered a default against Hare. (Doc. 573) Plaintiffs

have now filed an application (Doc. 574) under Federal Rule 55(b)(2) for a default judgment

against William Hare in the amount of $452.01 -- Hare’s account balance in the Electro-Jet Tool

& Mfg. Co., Inc. Employee Stock Ownership Plan (the “Plan”) as of February 25, 2004 -- and

further requesting an order that the Plan may satisfy this judgment by offsetting Hare’s Plan

account balance, as provided for in Internal Revenue Code Section 401(a)(13)(C). After

carefully reviewing Plaintiffs’ application, including the supporting affidavit submitted with the

application, the Court finds and orders as follows:

1.

Plaintiffs’ Application for Entry of Default Judgment against Defendant William

Hare (Doc. 574) is GRANTED. Given that Hare has disappeared without providing the Clerk

with a valid address at which notices can be served on him, and that his current whereabouts are

Case: 1:94-cv-00002-TMR Doc #: 576 Filed: 04/12/04 Page: 2 of 2 PAGEID #: 1094

otherwise unknown, Plaintiffs are excused from the service of notice requirement of Federal

Rule 55(b)(2). See, Florida Physician’s Insur. Co., Inc. v. Ehlers, 8 F.3d 780, 784 (11th Cir.

1993)(Rule 55(b) notice and service requirement excused when defaulting party has “made

himself impossible to contact”).

2.

Judgment by default is entered against Hare, and in favor of Plaintiffs, in the

amount of $452.01. Pursuant to Internal Revenue Code Section 401(a)(13)(C), the Plan shall

satisfy this judgment by offsetting Hare’s entire account balance in the Plan as of February 25,

2004. Hare shall be considered a distributed former participant in the Plan as of February 25,

2004, and his account shall not be eligible to participate in the allocation of any future

income/expense of the Plan, including the proceeds of the settlement approved by the Court on

March 25, 2004 (Doc. 572).

The captioned cause is hereby TERMINATED upon the docket records of the United
States District Court for the Southern District of Ohio, Western Division, at Dayton.

IT IS SO ORDERED.

Dated: _________, 2004

April 9,

s/Thomas M. Rose



United States District Judge