Sloan v. First Arkansas Insurance

Filing 9

ORDER directing the Clerk to enter default against deft and to mail a copy of this Order, along with a copy of the entry of default, to deft at the address provided in the receipt and return of service (docket entry # 6 ). Signed by Judge Susan Webber Wright on 8/23/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION

DONNA L. SLOAN
Plaintiff
V.

FIRST ARKANSAS INSURANCE
Defendant

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NO: 4:11CV00030 SWW

ORDER
Plaintiff Donna L. Sloan, proceeding pro se and in forma pauperis, brings this
employment discrimination action against her former employer, First Arkansas Insurance. A
receipt and return form filed on February 2, 2011 shows that on January 27, 2011, the Marshals
Service sent summons and complaint to Defendant, via certified mail, return receipt requested, to
the address for Defendant provided in the complaint. See docket entry #6. A Postal Service
return receipt attached to the form bears the signature of Calvin Thompson, agent for First
Arkansas Insurance.
Defendant has not made an appearance in this case, no answer or other response to the
complaint has been filed. By order entered July 26, 2012, the Court reminded Plaintiff of her
responsibility to comply with the Federal Rules of Civil Procedure and the Local Rules of this

Court,1 including Local Rule 5.5(c)(2), which provides that it is the duty of any party not
represented by counsel to monitor the progress of the case and prosecute the action diligently.
Additionally, the Court noted Defendant’s failure to answer or respond to the complaint and
directed Plaintiff to file a status report stating whether she intends to prosecute her claims. On
August 1, 2010, Plaintiff filed a statement indicating that she intends to prosecute her claims
against Defendant.
Rule 55(a) provides for entry of default when a party against whom a judgment for
affirmative relief is sought has failed to plead or otherwise defend. According to a process
receipt and return filed February 2, 2011, the United States Marshal accomplished service of the
complaint and summons on January 27, 2011. Given Defendant’s failure to timely answer or
otherwise respond to the complaint within twenty days as required under Federal Rule of Civil
Procedure 12(a), the Court finds that a clerk’s entry of default under Federal Rule of Civil
Procedure 55(a) is proper.
Plaintiff is advised, once again, that it is her responsibility to comply with the Federal
Rules of Civil Procedure and the Local Rules of this Court and to prosecute her claims
diligently. If Plaintiff wishes to seek a default judgment under Rule 55(b) of the Federal Rules
of Civil Procedure, she must file a motion requesting such relief, and Plaintiff’s failure to take
action to prosecute her claims will result in the dismissal of this action, without prejudice.

1

The Federal Rules of Civil Procedure are available in many libraries and bookstores and
the Local Rules can be obtained from the District Clerk for the Eastern District of Arkansas.
Additionally, the Local Rules and the Federal Rules of Civil Procedure are available on the
Court’s website: www.are.uscourts.gov. To access the Federal Rules of Civil Procedure via
the Court’s website, go to “Links,” find the heading “Federal Links” and click on “Federal Rules
of Civil Procedure” below the heading. A direct link to “Local Rules” is provided on the home
page of the Court’s website.
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IT IS THEREFORE ORDERED that the Clerk is directed to enter default against
Defendant pursuant to Rule 55(a) of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that the Clerk is directed to mail a copy of this order, along
with a copy of the entry of default, to Defendant at the address provided in the receipt and return
of service (docket entry #6).
IT IS SO ORDERED THIS 23RD DAY OF AUGUST, 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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