Roman, Jr. et al v. Travelers Home and Marine Insurance Company et al
ORDER: IT IS ORDERED that the motion for default judgment (Doc. 25 ) is denied. IT IS FURTHER ORDERED continuing the Rule 16 scheduling conference from September 27, 2017 to November 8, 2017 at 1:30 p.m. Plaintiff Jose Roman is still permitted to appear telephonically. All other counsel or pro se parties must appear in person [see attached Order for details]. Signed by Senior Judge James A Teilborg on 9/18/17.(MAW)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Jose Roman, Jr. and Stacy Roman,
Travelers Home and Marine Insurance
Company, Alan D Schnitzer, and Brian W
Motion for Default Judgment
Pending before the Court is Plaintiff Jose Roman’s motion for default judgment
against Defendants Alan D. Schnitzer and Brian W. MacLean. (Doc. 25). First, the
motion for default judgment is premature under Federal Rule of Civil Procedure 55(b)
because default has not been entered under Rule 55(a).
Second, while Plaintiff Jose Roman has filed an affidavit claiming he served the
individual Defendants by certified mail, Plaintiff has not filed a proof of service for either
Defendant. As noted in the motion for default, Defendant Travelers has previously stated
that the individual Defendants have not been served. Thus, if Plaintiff chooses to seek
enter of default under Rule 55(a), he must provide the return certified mail receipts
showing proof of service.
Rule 16 Scheduling Conference
Additionally, the Court has set a Rule 16 scheduling conference for September 27,
2017. Because there is no proof of service, nor an appearance, for the two individual
Defendants, the Court finds good cause to continue the Rule 16 conference. See Fed. R.
Civ. Pro. 16(b)(2). Thus, the conference will be continued to November 8, 2017. If
Plaintiff has not filed proof of service for the individual Defendants prior to this new
Rule 16 conference, any non-served Defendant will be dismissed under Federal Rule of
Civil Procedure 4(m). Further, the parties are required to file a new proposed case
management plan (by October 27, 2017) that includes any newly served defendants,
consistent with this Court’s August 10, 2017 Order.
Based on the foregoing,
IT IS ORDERED that the motion for default judgment (Doc. 25) is denied.
IT IS FURTHER ORDERED continuing the Rule 16 scheduling conference
from September 27, 2017 to November 8, 2017 at 1:30 p.m. Plaintiff Jose Roman is still
permitted to appear telephonically. All other counsel or pro se parties must appear in
Dated this 18th day of September, 2017.
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