Watkins et al v. Arkansas, State of et al

Filing 31

ORDER granting in part and holding in abeyance in part 29 Motion for Order for relief; and denying 30 Motion for Reconsideration of the Court's 20 Order. The Court will hold a hearing on 1 August 2013 at 10:00 a.m. in Courtroom B155 o f the Richard Sheppard Arnold United States District Court. Both parties must attend. The Court directs the Clerk to enter a default. The Court directs the Clerk to send a copy of this Order via certified mail, return receipt requested, to Billy's Trucking, P.O. Box 696, Hazen, AR 72064-0696. Signed by Judge D. P. Marshall Jr. on 7/17/13. (kpr) (Modified on 7/17/2013 to correct typographical error). (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

TIMOTHY WATKINS

v.

No. 4:12-cv-555-DPM
DEFENDANT

BILLY'S TRUCKING
ORDER

Watkins served Billy's Trucking with this lawsuit in March. Ng 28.
Billy's Trucking had 21 days to respond to the complaint or seek an extension
from this Court.

FED. R. CIV. P. 12(a)(1)(A)(i).

That deadline passed, with no

word from Billy's Trucking, almost two months ago. Watkins now asks this
Court for relief in the form of a hearing, sanctions, or default judgment. Ng
29.

The motion is granted in part and held in abeyance in part. The Court
will hold a hearing on 1 August 2013 at 10:00 a.m. in Courtroom B155 of the
Richard Sheppard Arnold United States District Court. Both parties must
attend. The Court directs the Clerk to enter a default.

FED

R. CIV. P. 55(a).

Billy's Trucking must come prepared to show good cause for setting aside the
default, to explain why it failed to respond to Watkins's lawsuit on time, and
why the Court should not enter a default judgment.

FED R.

CIV. P. 55(b)(2),

55(c), & 60(b).
Watkins also asks the Court to reconsider its dismissal of his claims
against officer Smith. NQ 30. For the reasons previously stated, NQ 20, the
motion is denied. The Court directs the Clerk to send a copy this Order via
certified mail, with return receipt, to Billy's Trucking, P.O. Box 696, Hazen,
AR, 72064-0696.
So Ordered.

D.P. Marshall Jr. 1/
United States District Judge
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v

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