Osorio v. Wilkie
Filing
16
ORDER. Accordingly, the Court directs the clerk to enter default against Defendants. The Court also grants Plaintiff leave to seek default judgment against Defendants. Plaintiff must file a motion for default judgment by Thursday, November 14, 2024. Motions due by 11/14/2024. Signed by District Judge Anne R. Traum on 10/24/2024. (Copies have been distributed pursuant to the NEF - RJDG)
1
2
3
UNITED STATES DISTRICT COURT
4
DISTRICT OF NEVADA
5
MARICLAR OSORIO,
6
7
v.
8
Case No. 2:21-cv-00056-ART-DJA
Plaintiff,
ORDER
ROBERT WILKIE, Secretary of U.S.
Department of Veterans Affairs,
9
Defendant.
10
11
12
On September 30, this Court ordered Counsel for Defendants to enter an
13
appearance no later than October 14 to show cause for why this Court should
14
not instruct the Clerk to enter an order of default against Defendant. (ECF No.
15
15.) Defendant did not respond, and the Court orders the Clerk to enter default
16
against Defendant.
17
Defendant’s failure to appear requires this Court to instruct the Clerk to
18
enter default. “When a party against whom a judgment for affirmative relief is
19
sought has failed to plead or otherwise defend, and that failure is shown by
20
affidavit or otherwise, the clerk must enter the party's default.” Fed. R. Civ. P.
21
55(a); LR 77-1(b)(2). The Court therefore directs the clerk to enter default against
22
Defendant.
23
The Court also grants Plaintiff leave to file a motion for default judgment
24
against Defendants. Should Plaintiff fail to file such a motion, the Court will
25
dismiss this action for failure to prosecute. Fed. R. Civ. P. 41(b).1
26
Accordingly, the Court directs the clerk to enter default against
27
28
1
A trial court has inherent power to sua sponte dismiss an action for lack of prosecution. Link v. Wabash R. Co., 370
U.S. 626, 630-632 (1962).
1
1
Defendants.
2
The Court also grants Plaintiff leave to seek default judgment against
3
Defendants. Plaintiff must file a motion for default judgment by Thursday,
4
November 14, 2024.
5
6
Dated this 24th day of October, 2024.
7
8
9
ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?