Rosela et al v. American Power Boat Association et al

Filing 10

MEMORANDUM AND ORDER re: Plaintiff's Filing a Motion for Clerk's Entry of Default. Signed by Judge Ellen L. Hollander on 10/14/2016. (kw2s, Deputy Clerk)

United States District Court
District Of Maryland
Chambers of
Ellen Lipton Hollander
District Court Judge

101 West Lombard Street
Baltimore, Maryland 21201
410-962-0742

October 14, 2016
MEMORANDUM TO COUNSEL
Re:

Rosela et al. v. American Power Boat Association et al.
Civil Action No. ELH-16-2969

Dear Counsel:
As you know, on August 25, 2016, plaintiffs Carrie Ann Rosela, Individually, as
Surviving Mother and as Personal Representative of the Estate of Julianne A. Rosela, Deceased
Minor; Antonio Gapuz Rosela, Jr., as Surviving Father of Julianne Addison Rosela, Deceased
Minor; Michele L. Thomas; Gerald R. Maisel; Bertha Maisel; Allison Oyler; Nicholas
Romanchick; Sara Ashley Walder; Joseph F. Walder, Jr.; Raymond Louis Stokes, III; Julia
Davidson Barton; Ryan Michael Pribell; Jennifer Browning; Mitchell Thomas; and R.J.T.
(2008), a Minor, by his Father and Next Friend, Mitchell Thomas, filed suit against American
Power Boat Association; American Power Boat Association Region IV, Inc.; Kent Narrows
Racing Association, Inc.; Alexander Findlow; Jared Walls; Dan Walls; and any other owner of
the GNH-12 Vessel (“John Doe”). ECF 1. Plaintiffs allege, inter alia, that seven-year old
Julianne Addison Rosela was killed in June 2015, during a powerboat race, when the “GNH12 . . . veered off the race course and crashed at a high rate of speed. . . .” into spectators
watching the race. Id. at 5. They also assert that many other spectators were seriously injured.
According to the docket, American Power Boat Association Region IV, Inc. was served
on September 6, 2016 (ECF 4); Kent Narrows Racing Association, Inc. was served on September
9, 2016 (ECF 5); Alexander Findlow was served on September 8, 2016 (ECF 6); Jared Walls was
served on September 12, 2016 (ECF 7); American Power Boat Association was served on
September 8, 2016 (ECF 8); and Dan Walls was served on September 17, 2016. ECF 9.
Pursuant to Fed. R. Civ. P. 12(a)(1)(A)(i), a defendant must respond to a complaint
within 21 days of service of the suit. As of this date, no responsive pleading to the Complaint
has been filed by any defendant. See Docket. Therefore, within seventeen days of the date of
docketing of this Order, plaintiffs are directed to file a motion for clerk’s entry of default as to
each defendant, pursuant to Fed. R. Civ. P. 55(a), or show cause why such action is not
appropriate.

Despite the informal nature of this Memorandum, it is an Order of the Court and the
Clerk is directed to docket it as such.
Very truly yours,
/s/
Ellen Lipton Hollander
United States District Judge

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