BECK et al v. BANK OF AMERICA HOME LOANS

Filing 17

ORDER denying 16 Motion for Entry of Default Judgment. Ordered by US DISTRICT JUDGE CLAY D LAND on 04/25/2016. (CCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
CHARLES W. BECK and ANNETTE S.
BECK,

*
*

Plaintiffs,
*
vs.

CASE NO. 3:16-cv-2(CDL)
*

BANK OF AMERICA HOME LOANS,
*
Defendant.
*
O R D E R
Plaintiffs Charles W. Beck and Annette S. Beck, who are
proceeding pro se, “request that motion of entry to grant award
. . . pursuant to Federal Rule of Civil Procedure 55(b).”
for Entry of Order to Grant Award, ECF No. 16.

Mot.

The Court

construes this motion as a motion for entry of default judgment
under Federal Rule of Civil Procedure 55(b).

Defendant is not

in default, so Plaintiffs’ motion (ECF No. 16) is denied.
The U.S. Marshal mailed a waiver of service to Defendant
“Bank of America Home Loans” on February 18, 2016.
Process Receipt and Return, ECF No. 10.
waiver of service.

USM 285

Defendant executed the

Waiver of Service, ECF No. 12.

Therefore,

Defendant had until April 18, 2016 to answer or file a Rule
12(b) motion to dismiss.

Fed. R. Civ. P. 12(a)(1)(A)(ii) (“A

defendant must serve an answer . . . if it has timely waived
service under Rule 4(d), within sixty days after the request for

a waiver was sent.”); Fed. R. Civ. P. 12(b) (stating that a
party may assert Rule 12(b) defenses in a motion rather than a
responsive pleading and that a motion to dismiss asserting any
Rule 12(b) defenses “must be made before pleading”).

Defendant

filed a motion to dismiss in lieu of an answer on April 18,
2016.

Defendant is thus not in default.

reasons,

Plaintiffs’

motion

(ECF

No.

16)

For all of these
is

denied.

If

Plaintiffs wish to respond to Defendant’s motion to dismiss,
they should do so by May 12, 2016.

IT IS SO ORDERED, this 25th day of April, 2016.
s/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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