Protein Kitchen L.L.C. et al v. Coast to Coast Property Solutions LLC

Filing 10

ORDER Denying 7 Motion for Entry of Clerks Default. Signed by Magistrate Judge George Foley, Jr on 10/27/2016. (Copies have been distributed pursuant to the NEF - DL)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiffs,
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vs.
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COAST TO COAST PROPERTIES LLC,
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Defendant.
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__________________________________________)
PROTEIN KITCHEN L.L.C., et al.,

Case No. 2:16-cv-01650-RFB-GWF
ORDER

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This matter is before the Court on Plaintiffs Mervat Berry and Protein Kitchen, LLC’s Motion for
Entry of Clerk’s Default (ECF No. 7), filed on October 11, 2016.

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Plaintiffs filed their Complaint (ECF No. 1) on July 13, 2016. Plaintiffs filed a summons returned

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executed (ECF No. 6) on September 19, 2016 and the deadline for Defendant to file a responsive

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pleading was set for October 7, 2016. Defendant did not file a responsive pleading by October 7, 2016.

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Plaintiffs filed their Motion for Entry of Clerk’s Default on October 11, 2016. Defendant filed its Answer

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(ECF No. 8) on October 11, 2016. Because Defendant filed its Answer, the Court denies Plaintiffs’

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Motion for Entry of Clerk’s Default. If Plaintiffs believe there is sufficient grounds to strike Defendant’s

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Answer, the Court denies Plaintiff’s Motion without prejudice to bringing a motion to strike. Accordingly,

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IT IS HEREBY ORDERED that Plaintiffs’ Motion for Entry of Clerk’s Default (ECF No. 7) is

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denied.
DATED this 27th day of October, 2016.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge