Sanchez v. Beshears et al

Filing 65

ORDER for entry of default against Megan VanPelt. The Clerk is DIRECTED to enter default against Megan VanPelt. Plaintiff has until 4/01/2020 to seek default judgment. Signed by Judge Staci M. Yandle on 3/11/2020. (ksp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JESUS SANCHEZ, #M38900,
Plaintiff,
vs.
KRISTOFER BESHEARS, et al.,
Defendants.

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Case No. 18-cv-01328-SMY

NOTICE AND ORDER
This matter comes before the Court for case management purposes. Plaintiff identified
Defendant Jane Doe Mental Health Worker as Megan VanPelt and filed a motion to substitute,
which was granted. (Doc. 45). A Request for Waiver of Service sent to Defendant VanPelt was
returned unexecuted. (Doc. 46). Summons was issued and Defendant VanPelt was served on
January 27, 2020. (Doc. 63). Defendant VanPelt’s responsive pleading was due February 18,
2020. (Id.). To date, Defendant VanPelt has 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 Defendant
VanPelt in accordance with Federal Rule of Civil Procedure 55(a).

(2)

Plaintiff is ORDERED to move for default judgment against Defendant VanPelt
on or before April 1, 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, Defendant
VanPelt will be dismissed for Plaintiff’s failure to prosecute his claim against her
and/or failure to comply with an order of the Court.

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(4)

The Clerk of Court is DIRECTED to transmit a copy of this Order and the entry
of default to Plaintiff and Defendant VanPelt.

IT IS SO ORDERED.
DATED: March 11, 2020
s/ Staci M. Yandle_____
STACI M. YANDLE
United States District Judge

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