Standifer v. Broadmoon Development et al
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Request to Enter Default and Default Judgment (filing no. 16 ) is denied. Defendant's Objection (filing no. 19 ) to Plaintiff's request is granted. A separate progression order will be entered progressing this matter to final disposition. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
This matter is before the court on Plaintiff’s Request to Enter Default and
Default Judgment. (Filing No. 16.) Plaintiff requests that the court enter default
judgment against Defendant because Defendant “failed to answer, plead or otherwise
defend [his] complaint as directed.” (Id.) Defendant filed an Objection to Plaintiff’s
request, noting that it received summons and the original Complaint, rather than the
Amended Complaint, on October 11, 2012. (Filing No. 19.) Rather than object to
service, Defendant filed its Answer on October 30, 2012. (Id.; Filing No. 15.)
Indeed, the court’s records show that the United States Marshal served
Defendant by certified mail on October 11, 2012. (Filing No. 14.) Thus, in
accordance with Federal Rule of Civil Procedure 12, Defendant had 21 days, or until
November 1, 2012, in which to file its Answer. Fed. R. Civ. P. 12(a). Defendant met
this deadline and, as such, default judgment is not warranted.
IT IS THEREFORE ORDERED that:
Plaintiff’s Request to Enter Default and Default Judgment (filing no. 16)
is denied. Defendant’s Objection (filing no. 19) to Plaintiff’s request is granted.
A separate progression order will be entered progressing this matter to
DATED this 13th day of November, 2012.
BY THE COURT:
s/ John M. Gerrard
United States District Judge
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