Commission Receivables Fund 1, LLC v. McIlwain et al

Filing 54

ORDER - The plaintiff shall have until on or before February 16, 2012, to file a response to the defendants' motion to dismiss (Filing No. 28 ) or a motion for sanctions consistent with the court's November 23, 2011, order. The Clerk of Court shall mail a copy of this order to the defendants Senior Choice Insurance Group, Inc. and Tommie E. McIlwain, Sr. Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COMMISSION RECEIVABLES
FUND 1, LLC,
Plaintiff,
vs.
TOMMIE E. McILWAIN, SR. and
SENIORS CHOICE INSURANCE
GROUP INC.,
Defendants.

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8:11CV131
ORDER

This matter is before the court on the defendants’ Amended Motion to Dismiss
(Filing No. 28) and the plaintiff’s Motion for Sanctions Under Federal Rules of Civil
Procedure 37 (Filing No. 41). On November 23, 2011, the court gave the defendant
Tommie E. McIlwain, Sr. until January 10, 2012, to schedule his deposition or show cause
why the motion to dismiss should not be stricken. The plaintiff has not filed a deposition
notice, a response to the motion to dismiss, or any motion seeking further court action, nor
has Mr. McIlwain filed a response to the court’s order. Accordingly,

IT IS ORDERED:
1.

The plaintiff shall have until on or before February 16, 2012, to file a

response to the defendants’ motion to dismiss (Filing No. 28) or a motion for sanctions
consistent with the court’s November 23, 2011, order.
2.

The Clerk of Court shall mail a copy of this order to the defendants Senior

Choice Insurance Group, Inc. and Tommie E. McIlwain, Sr. at:
Tommie E. McIlwain, Sr.
2300 Shady Pine Court
Gastonia, North Carolina 28054

Tommie E. McIlwain, Sr.
1716 E. Ozark Ave.
Gastonia, North Carolina 28054

DATED this 2nd day of February, 2012.
BY THE COURT:
s/Thomas D. Thalken
United States Magistrate Judge