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)

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

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