Securities and Exchange Commission v. Marimuthu et al

Filing 59

SCHEDULING ORDER. Plaintiff is given until October 30, 2009 to obtain a Clerk's Entry of Default (Fed. R. Civ. P. 55(a)) and to file a separate Motion for Default Judgment (Fed. R. Civ. P. 55(b)), or take other appropriate action to prosecute the case. (Case Management Deadline set for 10/30/2009.) Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA S E C U R IT I E S AND EXCHANGE C O M M IS S IO N , P l a i n t i f f, vs. J A I S A N K A R MARIMUTHU, et al., D e f e n d a n t s. ) ) ) ) ) ) ) ) ) )

8 :0 7 C V 9 4 S C H E D U L I N G ORDER

T h is matter is before the magistrate judge for full pretrial supervision. The court has e n te re d judgment in favor of the plaintiff and against defendants Chockalingam Ramanathan a n d Thirugnanam Ramanathan (Docs. 40 & 58). The record shows that the remaining d e f en d a n t, Jaisankar Marimuthu, was served on January 29, 2009 (see Doc. 48, "Affirmation o f Service"). Apparently, defendant Marimuthu has failed to timely answer or otherwise re s p o n d to the complaint. It remains plaintiff's duty to go forward in prosecuting the case by, f o r example, obtaining an entry of default and filing a motion for default judgment. IT THEREFORE IS ORDERED that plaintiff is given until October 30, 2009 to o b ta in a Clerk's Entry of Default (Fed. R. Civ. P. 55(a)) and to file a separate Motion for D e f au lt Judgment (Fed. R. Civ. P. 55(b)), or take other appropriate action to prosecute the c a s e . If appropriate action is not taken, I will recommend that plaintiff's claims against Ja isa n k a r Marimuthu be dismissed without prejudice pursuant to NECivR 41.2 for failure to p r o s e c u te . D A T E D October 8, 2009. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge