Bakken Resources v. Proland Services et al

Filing 31

ORDERED: re 23 1. Plaintiff shall either dismiss or move for entry of default judgment under Fed. R. Civ. P. 55(b) against Mary Cunningham on or before January 13, 2017. 2. Plaintiff shall either dismiss or move for entry of default under Fed. R. Civ. P. 55(a) against Defendant Proland Services, LLC on or before January 13, 2017. Signed by Judge Sam E Haddon on 1/4/2017. (HEG)

FILED
JAN 0 4 2017
Clerk, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

BAKKEN RESOURCES, INC.,
Plaintiff,

No. CV-15-65-H-SEH

vs.
ORDER

PROLAND SERVICES, LLC and
MARY CUNNINGHAM,
Defendants.
Plaintiff moved for entry of default judgment as to Defendant Mary
Cunningham on July 22, 2016. 1 A hearing on the matter was held on August 23,
2016, in which the Court denied Plaintiffs request without prejudice for failure to

1

Doc. 23.

properly serve Defendant Proland Services, LLC. 2 Plaintiff was ordered to either
dismiss its case without prejudice or take all steps necessary and appropriate to
effect service on Proland Services, LLC. 3 Plaintiff notified the Court it chose to
effect service on Proland Services, LLC. 4
The Affidavit of Receipt of Service of Process by Secretary of State 5 was
filed on December 7, 2016, and accompanied by Proof of Service6 and Summons
retum. 7 The information provided discloses that service was effected on Proland
Services, LLC on December 5, 2016. 8
Pro land Services, LL C's answer was due on December 26, 2016, under Fed.
R. Civ. P. 12(a)(l)(A)(i). No answer or other appearances by Proland Services,
LLC has been filed. No application for default against Proland Services, LLC has
been sought.
Plaintiffs application for default judgment against Mary Cunningham has

2

See doc. 26, 27.

3

Doc. 27.

4

Doc. 28.

5

Doc. 29.

6

Doc. 29-1.

7

Doc. 29-2.

8

See M.R. Civ. P. 4(p).
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not been renewed.
ORDERED:
1.

Plaintiff shall either dismiss or move for entry of default judgment

under Fed. R. Civ. P. 55(b) against Defendant Mary Cunningham on or before
January 13, 2017.
2.

Plaintiff shall either dismiss or move for entry of default under Fed.

R. Civ. P. 55(a) against Defendant Proland Services, LLC on or before January 13,
2017.

11-lj

DATED this _"T_ day of January, 2017.

~f#Mtt~
~~RHADDON
United States District Judge

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