Haynes v. Pinnacle Litigation Group

Filing 11

FINDINGS AND RECOMMENDATION that the case be dismissed. Ordered by Magistrate Judge F.A. Gossett. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JACQUELINE HAYNES,
Plaintiff,
vs.
PINNACLE LITIGATION GROUP,
Defendant.

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Case No. 8:14cv168

FINDINGS AND
RECOMMENDATION

On October 2, 2014, Plaintiff filed a motion for clerk's entry of default judgment
against Defendant. (Filing 6.) On November 5, 2014, Chief Judge Smith Camp issued a
Memorandum and Order (filing 8) granting the motion. The default against Defendant was
issued on November 6, 2014 (filing 9). The Clerk of the Court mailed a copy of the entry
to Defendant at the address listed on Plaintiff's motion. On November 18, 2014, the mailing
was returned to the Clerk of Court as undeliverable (filing 10). There has been no further
action by Plaintiff.

On July 14, 2015, chambers staff of the undersigned sent an email to Plaintiff's
counsel advising that the case remained open. On July 17, 2015, Plaintiff's counsel Pam Car
responded:
With regard to your inquiry below, Plaintiff does not anticipate taking any
further action in this case. My recollection is that both the physical address
and PO box for this entity turned out to be a packages plus service in
California according to the process server. For that reason, I was hoping to
avoid incurring any additional attorney fees to pursue an uncollectable
judgment. Please let me know if you need to have me file anything in the case
to this effect.

On July 20, 2015, chambers staff responded to Ms. Car that if it was Plaintiff's intention not
to pursue the case, they should file something to that effect. There has been no further
response from Plaintiff.

Based on the above,

IT IS HEREBY RECOMMENDED to Chief Judge Laurie Smith Camp that the case
be dismissed.

DATED August 19, 2015.
BY THE COURT:

S/ F.A. Gossett, III
United States Magistrate Judge

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