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)

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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 -2-

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