Menard, Inc. v. Dial-Columbus, LLC et al

Filing 23

ORDER -The Court's order of July 6, 2012 (filing 20 ) is amended to reflect that the Clerk's Entry of Default (filing 12) was set aside only as to defendants Dial-Columbus, LLC and Terry L. Clauff. The Clerk's Entry of Default (filing 12 ) stands as to defendant DKC- Columbus, LLC. Ordered by Judge John M. Gerrard. (Copies mailed to defendants) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MENARD INC., a Wisconsin
corporation,
4:12-CV-3077
Plaintiff,
vs.

ORDER

DIAL-COLUMBUS, LLC a/k/a DIAL
COLUMBUS LLC, a Nebraska
limited liability company; DKCCOLUMBUS, LLC, a Nebraska
limited liability company; and TERRY
L. CLAUFF, a Nebraska resident,
Defendants.
This matter is before the Court on its own motion. On July 6, 2012, the
Court entered a Memorandum and Order (filing 20) granting the motion of
defendants Dial-Columbus, LLC and Terry L. Clauff (filing 14) to set aside a
clerk's entry of default (filing 12). However, the motion to set aside the clerk's
entry of default was filed only by Dial-Columbus and Clauff, and the Court's
order was not clear about its effect on the remaining defendant, DKCColumbus, LLC.
Dial-Columbus and Clauff have since filed a timely answer (filing 21).
But DKC-Columbus, despite being properly served, see filing 7, has neither
made an appearance in this case, nor filed an answer. And obviously, DKCColumbus did not seek relief from the clerk's entry of default. Therefore, the
clerk's entry of default should stand as to defendant DKC-Columbus, and the
Court's order of July 6 will be amended to clearly reflect that finding.
IT IS ORDERED:
1.

The Court's order of July 6, 2012 (filing 20) is amended to
reflect that the Clerk's Entry of Default (filing 12) was set
aside only as to defendants Dial-Columbus, LLC and Terry
L. Clauff.

2.

The Clerk's Entry of Default (filing 12) stands as to
defendant DKC-Columbus, LLC.

Dated this 31st day of July, 2012.
BY THE COURT:

John M. Gerrard
United States District Judge

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