Croyder v. Hetley et al

Filing 19

MEMORANDUM AND ORDER. Plaintiff Stephanie Croyder's Applications for Entry of Default as to Defendants Blitt and Gaines, P.C. (Doc. 17 ), and David Olefsky (Doc. 18 ) are denied. Signed by District Judge Julie A. Robinson on 1/18/2017. Mailed to pro se party Stephanie Croyder, 7660 Rainbow Drive, Prairie Village, KS 66208 by regular mail. (bw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
STEPHANIE CROYDER,
Plaintiff,
Case No. 16-2761-JAR-JPO

v.
GEOFFREY W. HETLEY, et al.,
Defendants.

MEMORANDUM AND ORDER
Before the Court are Plaintiff Stephanie Croyder’s Applications for Entry of Default as to
Defendants Blitt and Gaines, P.C. (Doc. 17), and David Olefsky (Doc. 18). A defendant shall
serve an answer within twenty-one days after service of the Complaint.1 But if a motion is filed
under Fed. R. Civ. P. 12(b), the defendant need not file a responsive pleading until fourteen days
after the Court denies the motion.2 In this case, Defendants filed a motion to dismiss under Rule
12 on the date their answers were due, which altered the time to file an answer. Therefore, the
Court denies Plaintiff’s applications for entry of default for failure to answer within twenty-one
days.
IT IS THEREFORE ORDERED BY THE COURT that Plaintiff Stephanie Croyder’s
Applications for Entry of Default as to Defendants Blitt and Gaines, P.C. (Doc. 17), and David
Olefsky (Doc. 18) are denied.

1

Fed. R. Civ. P. 12(a)(1).

2

Fed. R. Civ. P. 12(a)(4).

1

IT IS SO ORDERED.

Dated: January 18, 2017
S/ Julie A. Robinson
JULIE A. ROBINSON
UNITED STATES DISTRICT JUDGE

2