Henderson v. McKenzie, et al

Filing 20

ORDER granting 17 Motion for Extension of Time and Motion to Deem Out of Time Motions and Supporting Memoranda as Timely Filed; denying 18 Motion for Entry of Default; and dismissing as moot 18 Motion for Default Judgment - Signed by District Judge Louise Wood Flanagan on 08/04/2014. (Baker, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:14-CV-29-FL GLENN HENDERSON, Plaintiff, v. SONY PICTURES ENTERTAINMENT; DAVID MCKENZIE; KIM RUSSO; SCHMID & VOILES; KATHLEEN McCOLGAN, ESQ.; ROSEN & SABA, LLP; JAMES ROSEN, ESQ.; and ADELA CARRASCO, ESQ., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER A number of motions are pending in the case, and here the court takes up several, including a motion for an extension of time and one to deem out of time motions timely filed (DE 17), and a motion for entry of default and one for default judgment (DE 18). Plaintiff, proceeding pro se, bring this action complaining of defendants’ conduct of or relating to actions taken towards him during employment with Sony Pictures Entertainment, and thereafter. Where the law favors resolution on the merits, taking into consideration the arguments in support of and in opposition to the motion for an extension of time, the court ALLOWS the motion. However, counsel is noticed that delay of his clients in responding to him will not likely afford him good cause for another late entry; however, in this instance under all the circumstances presented, the court deems defendants’ response to the complaint, in the form of a motion to dismiss (DE 11) and the companion motion for pre-filing injunction (DE 13) timely filed. These motions remain pending. It necessarily must follow then that plaintiff’s motion for entry of default must be and is DENIED. The court DISMISSES as MOOT request for default judgment. Separate order will issue on motions remaining. SO ORDERED, this the 1st day of August, 2014. _____________________________ LOUISE W. FLANAGAN United States District Judge 2

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