Rojas v. Contreras

Filing 7

ORDER. Plaintiff is given until November 20, 2009 to obtain an entry of default pursuant to Fed. R. Civ. P. 55(a) and file a motion for default judgment in accordance with Fed. R. Civ. P. 55(b), or take other appropriate action to prosecute this case. (Case Management Deadline set for 11/20/2009.) Ordered by Magistrate Judge F. A. Gossett. (CLS, )

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IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA T A M M Y ROJAS, P l a i n t i f f, vs. H E C T O R CONTRERAS, D efe n d a n t. ) ) ) ) ) ) ) ) ) 8 :0 9 C V 2 6 8 S C H E D U L I N G ORDER T h is case is before the magistrate judge for full pretrial supervision. The court file s h o w s that the defendant was served with summons on August 12, 2009. Apparently, the d e f e n d a n t has failed to timely answer or otherwise respond to the complaint. It remains p la in tif f 's duty to go forward in prosecuting the case by, for example, obtaining an entry of d e f a u lt and filing a motion for default judgment. IT THEREFORE IS ORDERED that plaintiff is given until November 20, 2009 to obtain an entry of default pursuant to Fed. R. Civ. P. 55(a) and file a motion for default ju d g m e n t in accordance with Fed. R. Civ. P. 55(b), or take other appropriate action to p ro s e c u te this case. If appropriate action is not taken, I will recommend that the case be d is m is s e d without prejudice pursuant to NECivR 41.1 for failure to prosecute. D A T E D October 23, 2009. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge

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