North Shore Metals, Inc. v. Whaley (JOINT ASSIGN)

Filing 7

ORDERED that on or before December 7, 2015, the plaintiff shall show cause why this case should not be dismissed for want of prosecution. Signed by Honorable Judge Charles S. Coody on 11/23/2015. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
NORTH SHORE METALS, INC.,
Plaintiff,
v.
KENNON W. WHALEY,
Defendant.

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) CIVIL ACT. NO. 2:14cv1162-CSC
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(WO)
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ORDER

On November 18, 2014, pursuant to the court’s diversity jurisdiction 28 U.S.C. § 1332,
the plaintiff filed this action against defendant Kennon W. Whaley to collect a debt (doc. #2).
The defendant was personally served on November 19, 2014. See Doc. # 1. The defendant
failed to file an answer or other responsive pleading, and on January 16, 2015, the plaintiff
applied to the Clerk of the Court for entry of default against Whaley. See Doc. # 5. The Clerk
of the Court entered default against defendant Whaley on January 22, 2015. See Doc. # 6.
However, since the entry of default by the Clerk, the plaintiff has failed to move the court
for entry of default judgment. See FED.R.CIV.P. 55(b). Accordingly, it is
ORDERED that on or before December 7, 2015, the plaintiff shall show cause why this
case should not be dismissed for want of prosecution.
Done this 23rd day of November, 2015.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE