Operating Engineers Local #49 Health and Welfare Fund et al v. Mesabi Bituminous, Inc.

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS IT IS HEREBY ORDERED that:IT IS HEREBY ORDERED that:1. Plaintiffs Motion for Entry of Judgment is hereby DENIED without prejudice.2. Plaintiffs may renew their motion after Mitchell Brunfelt or other legal co unsel for MBI enters a notice of appearance and files a document signifying MBIs acknowledgment of service of the Complaint, decision not to answer the Complaint, and lack of opposition to the entry of judgment. Alternatively, pursuant to Fed. R. Ci v. P. 4(m), plaintiffs shall serve their Complaint within sixty (60) days of this Order, and if MBI does not interpose an answer within the time allowed, apply for and obtain an Entry of Default Judgment from the Clerk of Court and then renew their motion for entry of judgment. (Written Opinion). Signed by Judge Joan N. Ericksen on February 23, 2011. (slf)

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