U.S. Commodity Futures Trading Commission v. Arrington et al

Filing 27

ORDER - Kratville's Objection to Clerk's Entry of Default (filing 19 ) is sustained. The Clerk of Court shall set aside the entry of default against Kratville. All other defendants named in the Clerk's Entry of Default (filing 17 ) r emain subject to the entry order. Kratville's motion for an extension of time to file an answer (filing 18 ) is granted. Kratville shall answer or otherwise respond on or before July 22, 2011. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed/e-mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
U.S. COMMODITY FUTURES
TRADING COMMISSION,

)
)
)
Plaintiff,
)
)
V.
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JONATHAN W. ARRINGTON,
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ELITE MANAGEMENT HOLDINGS )
CORP., MJM ENTERPRISES LLC,
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MICHAEL B. KRATVILLE, and
)
MICHAEL J. WELKE,
)
)
Defendants.
)

8:11CV181

ORDER

Defendant Michael B. Kratville (“Kratville”) has filed an Objection to Clerk’s Entry
of Default (filing 19) and a motion for an extension of time to file an answer (filing 18).
Plaintiff filed its complaint on May 23, 2011. Kratville received a copy of the complaint on
May 24, 2011. The Clerk of Court entered default on June 21, 2011.
Kratville has represented to the court that he is currently seeking legal counsel and
thought he had until June 23, 2011, to file a response. The court finds that good cause exists
to set aside the entry of default.
Accordingly, for good cause shown,
IT IS ORDERED:
1.

Kratville’s Objection to Clerk’s Entry of Default (filing 19) is sustained. The
Clerk of Court shall set aside the entry of default against Kratville. All other
defendants named in the Clerk’s Entry of Default (filing 17) remain subject to
the entry order.

2.

Kratville’s motion for an extension of time to file an answer (filing 18) is
granted. Kratville shall answer or otherwise respond on or before July 22,
2011.

3.

The Clerk of Court shall send a copy of this order to the defendants at the last

known address contained in the record.
DATED June 22, 2011.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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