Conversion Solutions Holdings (fka CSHD)

[mysterymeat]

Deadline/Hearing Event Filed 11/16/06 Due/Set 12/04/06
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION SECURITIES AND EXCHANGE COMMISSION,

Plaintiff,

Civil Action No. v. 1:06-CV-2568-CC

CONVERSION SOLUTIONS
HOLDING CORPORATION and
RUFUS PAUL HARRIS a/k/a
PAUL RUFUS HARRIS,

Defendants.

APPLICATION FOR ENTRY OF DEFAULT

The Securities and Exchange Commission (“Commission”), plaintiff in the above-referenced matter, hereby applies to the Clerk of the Court pursuant to Rule 55(a) of the Federal Rules of Civil Procedure for an entry of default against defendant Conversion Solutions Holdings Corp (“Conversion”). Entry of default is sought against Conversion for failure to plead or otherwise defend as provided by Rule 55(a).

In support of this application for entry of default against Conversion, the plaintiff has filed Conversion’s return of service. The return of service of process establishes that Conversion, through its registered agent for service of process,
Harvard Business Services of Lewes, Delaware, was served with the summons, complaint, request for temporary restraining order, memorandum in support, proposed order, and other associated documents on October 26, 2006. The return of service of process was filed with this Court on November 16, 2006 and is now part of the record in this case.
Conversion was obligated to file an answer to the complaint not later than November 15, 2006, but has not filed an answer as required by the federal rules. Since Conversion has not timely filed a response to the complaint, and has not sought an extension, the entry of default is now appropriate.
Under Rule 55(a) of the Federal Rules of Civil Procedure, the Clerk of Court is instructed to enter a default against a defendant who “has failed to plead or otherwise defend as provided by the rules,” when a failure to defend is made to
appear by affidavit or otherwise. Indeed, the purpose of Rule 55(a) is to relieve the district judge of the obligation of reviewing applications for the entry of default. 6 James W. Moore et al. Moore’s Federal Practice ¶ 55.03[1] n.16 (2d ed. 1992). Thus, the power to enter default is given to the Clerk. Based therefore on the previously filed return of service of summons establishing that Conversion was served through its agent for service of process on October 26, 2006, and the authority specifically granted to the Clerk by Rule 55(a), the Commission
respectfully requests the Clerk enter a default against defendant Conversion Solutions forthwith.

Respectfully submitted,
/s/ William P. Hicks
William P. Hicks
District Trial Counsel
Georgia Bar No. 351649
/s/ Alana R. Black
Alana R. Black
Senior Trial Counsel
Georgia Bar No. 785045
Counsel for Plaintiff
SECURITIES AND EXCHANGE COMMISSION
3475 Lenox Road, N.E., Suite 1000
Atlanta, Georgia 30326-1232
Telephone: [phone]
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of November, 2006, I mailed by United States Postal Service the preceding Notice of Filing of Returns of Service to the following non-CM/ECF participants:
Rufus Paul Harris a/k/a Paul Rufus Harris
383 Clear Creek Road, N.W.
Adairsville, Georgia 30103-5934
Conversion Solutions Holdings Corporation
c/o Registered Agent
Harvard Business Services
16192 Coastal Highway
Lewes, DE 19958

/s/ Alana R. Black
Alana R. Black
Counsel for Plaintiff
Georgia Bar No. 785045
U.S. Securities and Exchange Commission
Atlanta District Office
3475 Lenox Road, N. E., Suite 1000
Atlanta, Georgia 30326-1232
Tel. No. [phone]
[e-mail]