Kruger v. Baldwin et al

Filing 96

ORDER DIRECTING Clerk to enter default against Gimber, Carson, and Klein. Plaintiff to seek default judgment by 7/13/2020. Signed by Chief Judge Nancy J. Rosenstengel on 6/22/2020. (anp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSHUA W. KRUGER,
Plaintiff,
v.

Case No. 18-cv-512-NJR

JOHN BALDWIN, et al.,
Defendants.

MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
The matter is before the Court for case management purposes. Defendants Cynthia
Gimber and Malda Carson were issued summons on January 30, 2020 (Doc. 62).
Defendant Daniel Klein was issued a summons on February 12, 2020 (Doc. 74). All three
returned their waivers (Docs. 71, 85, and 88), and per the automatic extensions of time
provided by Amended Administrative Order 261 and Second Amended Administrative
Order 261, Defendants Answer deadline was reset to June 12, 2020 (Doc. 94). As of this
date, Defendants have failed to move, answer, or otherwise plead in response to the
Complaint.
The Federal Rules of Civil Procedure provide that the Clerk of Court must enter
default against a defendant who has failed to plead or otherwise defend. Fed. R. Civ. P.
55(a). Accordingly, the Court ORDERS as follows:
(1)

The Clerk of Court is DIRECTED to ENTER DEFAULT against Defendants
Gimber, Carson, and Klein in accordance with Federal Rule of Civil
Procedure 55(a).

(2)

Plaintiff is ORDERED to move for default judgment against Defendants
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Gimber, Carson, and Klein on or before July 13, 2020, in accordance with
Federal Rule of Civil Procedure 55(b).
(3)

If Plaintiff fails to move for default judgment as set forth in this Order, this
entire action will be dismissed as to Defendants Gimber, Carson, and Klein
for failure to prosecute and/or failure to comply with an order of the Court.

(4)

The Clerk of Court is DIRECTED to transmit a copy of this Order and the
entry of default to Plaintiff and to Defendants Gimber, Carson, and Klein.

IT IS SO ORDERED.
DATED: June 22, 2020
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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