Nationwide Insurance Company of America et al v. Integrity Homes

Filing 17

ORDER granting 16 Motion for Entry of Default against Integrity Homes, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ) ) ) Plaintiff, ) ) v. ) ) INTEGRITY HOMES INC. and ) JOHN DOE, ) ) Defendants. ) _____________________________ ) NATIONWIDE INSURANCE COMPANY OF AMERICA,

Case No. CV-09-39-N-BLW

ORDER

The Court has before it Plaintiff's Motion for Entry of Default (Docket No. 16). On May 19, 2009, the Court conducted a telephonic scheduling conference in this case. Nathan Batchelor, a non-attorney, appeared on behalf of Defendant Integrity Homes, Inc., and indicated that he did not have counsel. The Court explained that "[w]henever an entity other than an individual desires or is required to make an appearance in this Court, the appearance shall be made only by an attorney of the bar of this Court or an attorney permitted to practice under these rules." Dist. Idaho Loc. Civ. Rule 83.4(d); see also Rowland v. California Men's Colony, 506 U.S. 194, 201-02 (1993).

Order - 1

Therefore, the Court issued an Order on June 1, 2009, stating that Defendant Integrity Homes, Inc. shall, within 21 days of receiving the Order, appoint an attorney to appear on its behalf. The Court also stated that if an attorney for Integrity Homes, Inc. failed to appear within the 21 day period allowed by the Order, such failure would be sufficient grounds for entry of a default against Integrity Homes, Inc. More than 21 days has passed since Defendant received that Order, and no attorney has appeared on behalf of Defendant. Accordingly, the Court will grant Plaintiff's motion for entry of default. ORDER NOW THEREFORE IT IS HEREBY ORDERED that Plaintiff's Motion for Entry of Default (Docket No. 16) shall be, and the same is hereby, GRANTED. Plaintiff shall provide the Court with a proposed default judgment outlining Plaintiff's requested relief. DATED: July 9, 2009

B. LYNN WINMILL Chief Judge United States District Court

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