Kiewel et al v. Balabanov et al

Filing 11

MEMORANDUM AND ORDER granting plaintiffs' application for clerk's entry of default. Signed by deputy clerk on 7/12/10.(mss)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS DAVID J. KIEWEL, and K9 WORKING DOGS INTERNATIONAL, LLC , Plaintiffs, v. IVAN BALABANOV, and THE DOGHOUSE, LLC, Defendants. Case No. 10-2113-JTM

MEMORANDUM AND ORDER This matter is before the court on the plaintiffs', David Kiewel and K9 Working Dogs International, LLC, request for clerk's entry of default. (Dkt. No. 10). The plaintiffs filed a complaint against the defendants, Ivan Balabanov and the Doghouse, LLC, on February 26, 2010. (Dkt. No. 1). The application for clerk's entry of default is hereby granted. Rule 55(a) provides that default may be granted when a party "fail[s] to plead or otherwise defend as provided by these rules." To avoid default, a defendant must serve an answer within twenty days after being served with the summons and complaint. See Fed.R.Civ.P. 12(a); Fed.R.Civ.P. 55(a). A copy of the Summons and Complaint were served upon Balabanov and the Doghouse, LLC, on March 18, 2010. (Dkt. Nos. 5 & 6). No answer has been filed and more than twenty days have passed since they were served with the Summons and Complaint. 1

IT IS ACCORDINGLY ORDERED this 12th day of July, 2010, that plaintiffs' motion for clerk's entry of default (Dkt. No. 10) is granted.

TIMOTHY M. O'BRIEN Clerk of Court By s/ S. Smith _____________________________ Courtroom Deputy

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