Henderson v. McKenzie, et al
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.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SONY PICTURES ENTERTAINMENT;
DAVID MCKENZIE; KIM RUSSO;
SCHMID & VOILES; KATHLEEN
McCOLGAN, ESQ.; ROSEN & SABA,
LLP; JAMES ROSEN, ESQ.; and ADELA
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
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
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