Conry v. Barker

Filing 98

ORDER; This matter is before the Court sua sponte. On March 13, 2015, the Clerk of Court entered default as to each of these three Defendants. Clerks Entry of Default [#47, #48]. However, since that time, Plaintiff has failed to either seek defaul t judgment against them or dismiss them from this action. Accordingly, IT IS HEREBY ORDERED that on or before August 14, 2015, Plaintiff shall either (1) seek default judgment pursuant to Fed. R. Civ. P. 55(b) as to each of these Defendants, or (2) s eek voluntary dismissal of each of these Defendants pursuant to Fed. R. Civ. P.41(a)(1)(A)(i). Failure to timely respond to this order will result in a recommendation that these Defendants be dismissed from this lawsuit, by Magistrate Judge Kristen L. Mix on 7/24/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02672-CMA-KLM
SUZANNE CONRY, an individual,
Plaintiff,
v.
EUGENE H. BAKER, an individual,
BERNARD C. MAYNES, an individual,
B&B 2ND MORTGAGE, LLC, a Colorado limited liability company,
B&B VENTURES, LLC, a Colorado limited liability company,
HIGH POINTE, LLC, a Colorado limited liability company,
TERRY D. HAMILTON, an individual,
CHEM-AWAY, INC., a Colorado corporation,
SHARON M. HAMILTON, an individual, and
CHEM-AWAY, INC., a California corporation,
Defendants, and
TERRY D. HAMILTON, an individual,
Third-Party Plaintiff,
v.
THOMAS W. METCALF, an individual;
THOMAS W. METCALF, ATTORNEY AT LAW, a professional law firm;
ROBERT E. RAY, an individual;
LAW OFFICE OF ROBERT E. RAY, a professional law firm,
Third-Party Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court sua sponte. It has come to the Court’s attention that
Defendant Sharon M. Hamilton, Defendant Chem-Away, Inc., a California corporation, and
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Defendant Chem-Away, Inc., a Colorado corporation, have apparently been served but
have not yet entered an appearance in this matter. See Summons [#10] (providing proofs
of service on these three Defendants). On March 13, 2015, the Clerk of Court entered
default as to each of these three Defendants.

Clerk’s Entry of Default [#47, #48].

However, since that time, Plaintiff has failed to either seek default judgment against them
or dismiss them from this action. Accordingly,
IT IS HEREBY ORDERED that on or before August 14, 2015, Plaintiff shall either
(1) seek default judgment pursuant to Fed. R. Civ. P. 55(b) as to each of these Defendants,
or (2) seek voluntary dismissal of each of these Defendants pursuant to Fed. R. Civ. P.
41(a)(1)(A)(i). Failure to timely respond to this order will result in a recommendation
that these Defendants be dismissed from this lawsuit.

Dated: July 24, 2015

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