The Bank of New York Mellon Trust Company, N.A. v. Sock et al

Filing 26

ORDER granting the request in Plaintiff's 25 Response to Order for fourteen additional days to file a Motion for Default by 10/18/2018. Signed by Chief Judge J. Randal Hall on 10/04/2018. (jlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION THE BANK OF NEW YORK MELLON * TRUST COMPANY, N.A., as Trustee * for the Benefit of Holders of the FDIC 2011 R-1 Certificates, * * * Plaintiff, * * V. * CV 616-165 * JOHN GUNDE SOCK a/k/a John Tunde * Sock; ETTA WILCIA BOSS-COLE; ANNA CLAXTON; AMOS FINANCIAL, LLC; THE UNITED STATES, * * * * Defendants. * ORDER On August 28, 2018, the Court entered an Order requesting Plaintiff to show cause as to why this case should not be dismissed for failure to prosecute. (Doc. 23.) Plaintiff was directed to respond, in writing, no later than September 11, 2018. (Id.) Plaintiff has now filed that response, albeit twenty-two days late, and requests an additional fourteen days to submit a Motion for Default and other documents. (Doc. 25.) Plaintiff points out that its counsel filed a Notice of Appearance on October 3, 2018. (Doc. 24.) Further, Plaintiff expects to file a business record affidavit that will purportedly resolve the issue of its standing to bring this action. In the interest of resolving this action, the Court GRANTS Plaintiff's motion for fourteen additional days to file a Motion for Default. However, failure to file such motion before October 18, 2018, will result in dismissal further notice. of this action without prejudice without See LR 41.1, SDGa. ORDER ENTERED at Augusta, Georgia, this J^^day of October, 2018. J. RANfJAL HALL,'' CHIEF JUDGE UNITED /states DISTRICT COURT ^GU5HERN DISTRICT OF GEORGIA

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