Butler v. Kidston et al

Filing 19

OPINION AND ORDER granting Plaintiff Ronald H. Butlers second amended motion for entry of default against the Defendants 18 and the Clerk is DIRECTED to enter default as to both Defendants. Signed by Judge Jon E DeGuilio on 12/11/2014. (rmn)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
RONALD H. BUTLER

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Plaintiff,
v.
SAMUEL A. KIDSTON, et al.,
Defendants.

Case No. 2:14-CV-237 JD

OPINION AND ORDER
Now before the Court is Plaintiff Ronald H. Butler’s second amended motion for entry of
default against the Defendants. [DE 18]. The motion and attachments show that the Plaintiff
properly served the amended complaint on both Defendants by certified mail sent on November
6, 2014 and received on November 10, 2014. The Defendants’ time to answer or respond to the
amended complaint has now passed, but neither Defendant has appeared in this action. Under
Rule 55(a) of the Federal Rules of Civil Procedure, “When a party against whom a judgment for
affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by
affidavit or otherwise, the clerk must enter the party’s default.” Therefore, Plaintiff’s motion [DE
18] is GRANTED, and the Clerk is DIRECTED to enter default as to both Defendants.
SO ORDERED.
ENTERED: December 11, 2014

/s/ JON E. DEGUILIO
Judge
United States District Court