Cowley et al v. Cabela's Outdoor Adventures, Inc. et al

Filing 27

MEMORANDUM AND ORDER-Roberts shall have until July 27, 2012, to file an answer or otherresponsive pleading. In the event that Roberts does not file an answer or otherwise plead by that date, Plaintiffs will be given the opportunity to seek a default judgment. The Clerk of the court is directed to provide a copy of this Memorandum and Order to Roberts at the address shown on the executed summons form. ( Pro Se Case Management Deadline set for 7/27/2012: Check for response from Roberts.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERIC COWLEY, and GILLIAN
COWLEY,
Plaintiffs,
v.
CABELA’S OUTDOOR
ADVENTURES, INC., et al.,
Defendants.

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8:11CV325

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On November 8, 2011,
summons was returned as executed upon Defendant Fred Roberts (“Roberts”).
(Filing No. 6.) The Federal Rules of Civil Procedure require that a defendant serve
an answer to a complaint “within 21 days after being served with the summons and
complaint.” Fed. R. Civ. P. 12(a). Roberts failed to file an answer, or any other
responsive pleading, within 21 days after being served. (See Docket Sheet.)
The court notes that the parties are currently engaged in alternative dispute
resolution. (Filing Nos. 23, 24 and 25.) Counsel appeared for the other two
Defendants in this matter shortly after Roberts was served, but before summons was
returned executed upon the other Defendants. (See Filing Nos. 6, 7, 8, 16 and 17.)
Thus, there may be some confusion and Roberts’ failure to answer may be
unintentional. In light of this, the court will permit additional time for Roberts to
answer or otherwise plead. In the event that Roberts does not file an answer or
otherwise plead, Plaintiffs will be given the opportunity to seek a default judgment.

IT IS THEREFORE ORDERED that:
1.
Roberts shall have until July 27, 2012, to file an answer or other
responsive pleading. In the event that Roberts does not file an answer or otherwise
plead by that date, Plaintiffs will be given the opportunity to seek a default judgment.
2.
The Clerk of the court is directed to provide a copy of this Memorandum
and Order to Roberts at the address shown on the executed summons form.
3.
The Clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: July 27, 2012: check for response from
Roberts.
DATED this 19th day of July, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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or their Web sites. The court accepts no responsibility for the availability or
functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or
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