U.S. Commodity Futures Trading Commission v. Altamont Global Partners, LLC et al

Filing 33

ORDER granting 32 Motion for entry of Clerk's default against Altamont Global Partners LLC and John G. Wilkins. Signed by Magistrate Judge Thomas B. Smith on 8/23/2012. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
U.S. COMMODITY FUTURES
TRADING COMMISSION,
Plaintiff,
v.

Case No. 6:12-cv-1095-Orl-31TBS

ALTAMONT GLOBAL PARTNERS LLC,
JOHN G. WILKINS, PHILIP LEON and
PAUL RANGEL,
Defendants.
______________________________________
ORDER
Pending before the Court is Plaintiff’s Motion for Clerk’s Entry of Default Against
Defendants Altamont Global Partners LLC and John G. Wilkins. (Doc. 32). The motion
is made pursuant to Federal Rule of Civil Procedure Rule 55(a) based upon
defendants, Altamont Global Partners LLC and John G. Wilkins’ failure to plead or
otherwise defend against this action. Plaintiff instituted this action against Defendants
on July 16, 2012. According to the returns of service, both Altamont Global Partners
LLC and John G. Wilkins were served with a copy of the summons and complaint on
July 17, 2012 which would make their responses due on or before August 7, 2012.
(Docs. 9, 10). To date, defendants, Altamont Global Partners LLC and John G. Wilkins
have not served a pleading or otherwise defended this action. (See Doc. 32-1,
Declaration of Stephen B. Turley at ¶ 13).
Accordingly, and upon due consideration, Plaintiff’s Motion for Clerk’s Entry of
Default Against Defendants Altamont Global Partners LLC and John G. Wilkins. (Doc.

32) is due to be GRANTED. The Clerk is directed to enter a default, but not default
judgment, against defendants, Altamont Global Partners LLC and John G. Wilkins for
failing to serve an answer or otherwise respond as required by law.1
IT IS SO ORDERED.
DONE AND ORDERED in Orlando, Florida, on August 23, 2012.

Copies to all Counsel

1

Fed. R. Civ. P. 12(a) and 55(a).

2