Sutter et al v. MassMutual Financial Group et al

Filing 27

ORDER Granting 14 Plaintiff's Motion to Withdraw; Denying as Moot 12 Motion for Default Judgment; and Denying 9 Motion for Entry of Clerks Default as to Defendants Massachusetts Mutual Life Insurance Co., and MML Investor Services, Inc. Signed by Judge Kent J. Dawson on 5/12/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SANDRA ANN SUTTER, f/k/a SANDRA
SUTTER CROSS,

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Case No. 2:10-CV-02065-KJD-PAL
Plaintiff,

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ORDER
v.

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MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY; MML
INVESTOR SERVICES, INC.; and
JAMES C. WENZL, et al.,
Defendants.

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On December 8, 2010, Plaintiff filed a Motion for Entry of Clerk’s Default against all
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Defendants (#9). On the same date the Clerk of the Court entered Default as to James Wenzl only
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(#10). On December 13, 2010, Plaintiff filed a Motion for Default (#12) against all Defendants. On
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December 14, 2010, Plaintiff filed a Motion to Withdraw Motion for Default Judgment (#14).
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Plaintiff’s Motion for Default Judgment is based on the premise that the required time to file
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a response per Fed. R. Civ. P. 12 (a)(1)(A)(i) had run. However, Defendants had filed a Motion to
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Extend Time (#5) on December 2, 2010, that was granted by the Court on December 8, 2010 ( See
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#8). In her Motion to Withdraw (#14), Plaintiff concedes that the extension was granted, rendering
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the Motion for Default Judgment (#12) moot and the Motion for Clerks Default (#9) moot as to

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Defendants Massachusetts Mutual Life Insurance Co., and MML Investor Services, Inc.

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Therefore, in accordance with Fed. R. Civ. P. 6(b), IT IS HEREBY ORDERED that
Plaintiff’s Motion to Withdraw (#14) is GRANTED.

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IT IS FURTHER ORDERED that the Motion for Default Judgment (#12) is DENIED as
moot.
IT IS FURTHER ORDERED that the Motion for Entry of Clerks Default (#9) is DENIED
as to Defendants Massachusetts Mutual Life Insurance Co., and MML Investor Services, Inc.
DATED this 12th day of May 2011.

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_____________________________
Kent J. Dawson
United States District Judge

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