i play, Inc. v. D. Catton Enterprise, LLC

Filing 62

ORDER that the Clerk of Court is directed to make an entry of default against the Defendant D. Catton Enterprise, LLC. Signed by District Judge Martin Reidinger on 6/8/13. (Pro se litigant served by US Mail.)(nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00022-MR

i play. inc.,

)
)
Plaintiff,
)
)
vs.
)
)
)
D. CATTON ENTERPRISE, LLC, a
)
New York Limited Liability Company, )
)
Defendant.
)
_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
On May 10, 2013, the Court entered an Order granting Defendant’s
counsel leave to withdraw and ordering the Defendant to retain new
counsel and file an answer to the Plaintiff’s Amended Complaint within
twenty-one (21) days. [Doc. 61]. In that Order, the Defendant was further
advised as follows:
The Court advises the Defendant D. Catton
Enterprise, LLC, . . . that as a limited liability
company it may not proceed pro se in this case.
Thus, the Defendant must obtain new counsel and
file an answer to the Plaintiff’s Amended Complaint
within twenty-one (21) days of the entry of this
Order. If new counsel is not obtained and an

answer is not filed within the time required, the
Court will direct the Clerk to enter a default against
the Defendant.
[Doc. 61 at 2].
The deadline established by the Court has now passed, and the
Defendant has failed to answer the Plaintiff’s Amended Complaint. The
Defendant also remains unrepresented, as no new counsel has made an
appearance on its behalf. Accordingly, the Court will direct the Clerk to
make an entry of default against the Defendant.
IT IS, THEREFORE, ORDERED that the Clerk of Court is directed to
make an entry of default against the Defendant D. Catton Enterprise, LLC.
IT IS SO ORDERED.

Signed: June 8, 2013

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