Witness Insecurity, LLC v. Hale

Filing 12

ORDER denying 4 Motion for Entry of Default Against Defendant - Signed by District Judge Louise Wood Flanagan on 07/28/2012. (Baker, C.)

MOTION DENIED
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
28
July
12
This ____ day of ___________, 20____
WESTERN DIVISION
Civil Action No. 5:12-cv-00293-FL
/s/Louise W. Flanagan
LOUISE W. FLANAGAN
United States District Judge

WITNESS INSECURITY, LLC,
Plaintiff,

PLAINTIFF’S MOTION
FOR ENTRY OF DEFAULT
AGAINST DEFENDANT

v.
HEATHER HALE,
Defendant.

NOW COMES Plaintiff Witness Insecurity, LLC (“Plaintiff”), pursuant to Fed. R. Civ.
Pro. 55, and respectfully moves the Court to enter default against Defendant Heather Hale
(“Defendant”). In support whereof, Plaintiff shows the Court as follows:
1.

Plaintiff commenced the above-captioned civil action by filing a Complaint and

causing a summons to be issued against Defendant in the Superior Court Division of the General
Court of Justice for Wake County, North Carolina on April 27, 2012.
2.

Plaintiff served Defendant with a copy of the Complaint and the summons on

April 30, 2012. A copy of the Affidavit of Service that Plaintiff previously filed in state court is
attached hereto as Exhibit 1.
3.

On May 25, 2012, Defendant filed certain documents with this Court, including a

Motion for Leave to Proceed in Forma Pauperis and a purported Notice of Removal. Defendant
admitted that she was served on April 30, 2012. (ECF No. 1-1, ¶ 2). Defendant also filed copies
of Plaintiff’s state-court Complaint, summons, and civil action cover sheet.
4.

Pursuant to Fed. R. Civ. Pro. 81, the deadline for Defendant to “answer or present

other defenses or objections” in response to the Complaint was June 1, 2012.