Holt v. Hill et al

Filing 35

ORDER granting 28 Plaintiff's Motion for entry of default against defendant Ralph Gagliardi; directing the Clerk of Court to enter the party's default; and, directing defendant Gagliardi to respond to the plaintiff's request for the entry of default judgment against him, within 15 days of the date of this Order. Signed by Magistrate Judge Henry L. Jones, Jr on 9/9/2008. (thd) (Docket text modified on 9/11/2008 to correct typographical error.) (thd)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DOYLE HOLT, SR., ADC #73989 v. BEVERLY HILL, et al. ORDER This matter is before the Court on plaintiff's motion for default (DE #28) with respect to defendant Ralph Gagliardi. By Order dated June 6, 2008, summons was issued as to defendant Gagliardi and service was returned, executed, on June 23, 2008 (DE ##7, 10). As of this date, defendant Gagliardi has not filed an answer to plaintiff's complaint. Based on such, plaintiff now asks for the entry of default (by motion and affidavit) against defendant, pursuant to Fed.R.Civ.P. 55. According to Fed.R.Civ.P. 55(a), entry of default is appropriate when a party fails to plead or otherwise defend, and that fact is made to appear by affidavit or otherwise. In light of plaintiff's motion and affidavit, the Court will direct the entry of default against defendant Gagliardi. The Court will also direct defendant Gagliardi to file a response, within fifteen days of the date of this Order, to plaintiff's request for the entry of a default judgment against him. Accordingly, IT IS, THEREFORE, ORDERED that plaintiff's motion for the entry of default against defendant Ralph Gagliardi (DE #28) is hereby GRANTED. The Clerk of the Court is hereby directed to enter the party's default. IT IS FURTHER ORDERED that defendant Gagliardi shall respond to plaintiff's request for the entry of a default judgment against him, within fifteen days of the date of this Order. 5:08CV00103HLJ DEFENDANTS

PLAINTIFF

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IT IS SO ORDERED this 9th day of September, 2008.

___________________________________ United States Magistrate Judge

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