Watchous Enterprises, L.L.C. v. Pacific National Capital et al

Filing 107

ORDER granting 99 Motion for Leave to File Amended Answer. Movants shall file their amended answer by February 7, 2018. Signed by Magistrate Judge James P. O'Hara on 2/1/2018. Mailed to the defendant Waterfall entities and defendant William J Mournes by regular mail. (amh) Modified to mail to additional parties by regular mail per chambers on 2/1/2018 (ydm).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
WATCHOUS ENTERPRISES, L.L.C.,
Plaintiff,
v.

Case No. 16-1432-JTM

PACIFIC NATIONAL CAPITAL, et al.,
Defendants.

ORDER
Pursuant to Fed. R. Civ. P. 15(a)(2), defendants Pacific National Capital, Charles A.
Elfsten, and Mark M. Hasegawa have filed a motion for leave to file an amended answer that
pleads a crossclaim1 against defendants Waterfall Mountain USA LLC, Waterfall Mountain
LLC, and Waterfall International Holdings Limited (collectively, “the Waterfall defendants”)
(ECF No. 99). Under the time requirements set forth in D. Kan. Rule 6.1(d), any response
to the motion was due on January 31, 2018. No timely opposition has been filed.
D. Kan. Rule 7.4 provides, “If a responsive brief or memorandum is not filed within
the Rule 6.1(d) time requirements, the court will consider and decide the motion as an
uncontested motion. Ordinarily the court will grant the motion without further notice.”
The court considers the motion unopposed and grants it without further notice.

1

See Fed. R. Civ. P. 13(g).

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Movants shall file their amended answer by February 7, 2018. As the court has informed
the Waterfall defendants on multiple occasions,2 corporations may not appear pro se. Thus,
the Waterfall defendants are again urged to secure counsel should they wish to answer the
crossclaim.
IT IS SO ORDERED.
Dated February 1, 2018, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

2

See ECF Nos. 37, 39, & 68.

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