Harley-Davidson Credit Corp. v. Elworths' Harley-Davidson Sales & Service, Inc. et al

Filing 59

MEMORANDUM AND ORDER that the plaintiff shall have 14 days to respond to the defendants 58 Motion to Set Aside Default. The defendants shall have 7 days thereafter to reply. Hearing on plaintiff's 54 Motion for Default Judgment, currently scheduled for March 23, 2011, is continued until further order of the court. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(ADB, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

HARLEY-DAVIDSON CREDIT CORP., Plaintiff, v. ELWORTHS' HARLEY-DAVIDSON SALES & SERVICE, INC.; GREG ELWORTH; and MARY JO ELWORTH, Defendants.

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4:10CV3094

MEMORANDUM AND ORDER

The court is in receipt of a letter from Greg Elworth (filing 58), which I construe as a motion to set aside the default that was entered against the defendants on February 28, 2011 (filings 56, 57). See Fed.R.Civ.P. 55(c). Consequently, IT IS ORDERED: (1) The plaintiff shall have 14 days to respond to the defendant's motion to set aside entry of default (filing 58). The defendants shall have 7 days thereafter to reply. Hearing on the plaintiff's motion for a default judgment, currently scheduled for March 23, 2011 (see filing 56), is continued until further order of the court. The clerk shall mail a copy of this memorandum and order to the defendants at the following addresses: Elworths' Harley-Davidson Sales & Service, Inc. 2311 Riverside Blvd. Norfolk, NE 68701 Gregory J. Elworth 101 East Street Hoskins, NE 68740

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(3)

Mary Jo Elworth 514 Lincoln St. Norfolk, NE 68701 Mary Jo Elworth c/o Jan Einspahr, Attorney 601 S. 13th P. O. Box 402 Norfolk, NE 68701 DATED this 11th day of March, 2011. BY THE COURT:

Richard G. Kopf
United States District Judge

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