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)

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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

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