S & S Sales Inc v. Kellogg Company et al

Filing 30

ORDER denying 28 Notice filed by S & S Sales Inc, which the Court construes as a motion for Clerk's default. Kellogg must answer the complaint by March 9, 2012. Signed by Judge D. P. Marshall Jr. on 2/21/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION S & S SALES CO., INC. v. PLAINTIFF No.2:11-cv-155-DPM KELLOGG COMPANY; KELLOGG SALES COMPANY, d/b/a KELLOGG'S SNACKS; KELLOGG USA INC.; and GULF COAST COOKIES LLC DEFENDANTS ORDER The Court construes Sales's notice, Document No. 28, as a motion for Oerk's default. Kellogg has objected. Document No. 29. At the December 2011 hearing, the Court denied Kellogg's motion to dismiss without prejudice and then filed a confirming order. Document No. 24. The Court intended the matter to proceed with limited discovery pending resolution of the certified question. In the circumstances, Kellogg's delay in answering Sales's complaint is excused. But Kellogg must answer by 9 March 2012. Motion, Document No. 28, denied. So Ordered. D.P. Marshall Jr. United States District Judge 21 February 2012 -2­

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