Dickerson et al v. Raven Industries, Inc.

Filing 26

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that third-party plaintiff's motion for default judgment 24 is denied without prejudice to being refiled, if necessary, at the conclusion of the case or as otherwise appropriate. Signed by District Judge Catherine D. Perry on 8/2/16. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
JAMES DICKERSON, et al.,
Plaintiffs,
vs.
RAVEN INDUSTRIES, INC.,
Defendant.
vs.
WINTERS INSTRUMENTS, INC.,
Third Party Defendant.

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Case No. 2:15 CV 90 CDP

MEMORANDUM AND ORDER
This matter is before the Court on third-party plaintiff Raven Industries’ motion
for default judgment. On July 6, 2016, the Court ordered Raven to file appropriate
motions for entry of default and default judgment against third-party defendant Winters
Instruments for its failure to timely answer or otherwise respond to third-party complaint.
[22]. Raven complied with the Court’s Order, and on July 25, 2016, the Clerk of Court
entered default against Winters on Raven’s third-party complaint. However, upon review
the Court concludes that default judgment against Winters should not be entered on the
third-party complaint unless and until the Dickerson plaintiffs’ claims are resolved.
Therefore, the Court will deny the motion for default judgment without prejudice at this
time, subject to being refiled by Raven at the conclusion of the case or when otherwise
appropriate.
Accordingly,

IT IS HEREBY ORDERED that third-party plaintiff’s motion for default
judgment [24] is denied without prejudice to being refiled, if necessary, at the conclusion
of the case or as otherwise appropriate.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 2nd day of August, 2016.

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