ElHelbawy v. Pritzker et al

Filing 17

ORDER denying 16 Plaintiff's Motion for Entry of Default Judgment. By Magistrate Judge Craig B. Shaffer on 10/06/2014. (cbslc1)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig. B. Shaffer
Civil Action No. 05-cv-01382-PSF-CBS
MONA ELHELBAWY,
Plaintiff,
v.
PENNY S. PRITZKER, Secretary, U.S. Department of Commerce,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This civil action comes before the court on Ms. ElHelbawy’s “Motion for Entry of
Default Judgment” (filed October 3, 2014) (Doc. # 16). Ms. ElHelbawy “requests entry
of judgment by default . . . pursuant to Federal Rules of Civil Procedure 55(b).” An
officer or employee of the United States sued in an official capacity, shall serve an
answer to the complaint . . . within 60 days after the United States attorney is served
with the pleading asserting the claim.” Fed. R. Civ. P. 12(a)(3)(A) (emphasis added).
Likewise, “[a]n officer or employee of the United States sued in an individual capacity for
acts or omissions occurring in connection with the performance of duties on behalf of
the United States shall serve an answer to the complaint . . . within 60 days after
service on the officer or employee, or service on the United States attorney, whichever
is later.” Fed. R. Civ. P. 12(a)(3)(B) (emphasis added). The acknowledgement of
service filed on August 27, 2014 (Doc. # 15) indicates that the United States attorney
was served on August 27, 2014. Defendant is not in default. Accordingly,
IT IS ORDERED that Ms. ElHelbawy’s “Motion for Entry of Default Judgment”
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(filed October 3, 2014) (Doc. # 16) is DENIED.

DATED at Denver, Colorado, this 6th day of October, 2014.
BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge

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