Aguirre v. Apollo Credit Agency, Inc.

Filing 16

ORDER : The Order to Show Cause is made absolute; and The Clerk of the Court is directed to enter a default pursuant to Rule 55(a), Fed. R. Civ. P., against Apollo Credit Agency, Inc., by Magistrate Judge Boyd N. Boland on 10/26/11. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-01222-REB-BNB
REBECCA AGUIRRE,
Plaintiff,
v.
APOLLO CREDIT AGENCY, INC.,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
By minute order [Doc. # 14, filed 9/12/2011] this matter was set for a settlement and
scheduling conference to occur on October 7, 2011, at 1:30 p.m. Counsel and party
representatives with full authority to settle the case were required to be present at the conference
in person. The plaintiff and her counsel appeared as ordered, but the defendant and its counsel
failed to appear. As a result, I entered an Order to Show Cause [Doc. # 15] commanding the
defendant to show cause why default pursuant to Rule 55(a) should not enter against it. The
defendant failed to respond to the Order to Show Cause.
Rule 55(a), Fed. R. Civ. P., provides:
When a party against whom a judgment for affirmative relief is
sought has failed to plead or otherwise defend, and that failure is
shown by affidavit or otherwise, the clerk must enter the party’s
default.
The defendant’s failures to appear at the settlement and scheduling conference and failure to
respond to the Order to Show Cause constitute a failure to defend.
IT IS ORDERED:

(1)

The Order to Show Cause is made absolute; and

(2)

The Clerk of the Court is directed to enter a default pursuant to Rule 55(a), Fed.

R. Civ. P., against Apollo Credit Agency, Inc.
Dated October 26, 2011.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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