Dugan et al v. Wiegand et al

Filing 45

ORDER Plaintiffs must file Motion for Default Judgment within 14 days. Signed by District Judge Robert J. Conrad, Jr on 7/22/16. (Pro se litigant served by US Mail.)(ssh) Modified on 7/22/2016 to add text(ssh).

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-00366-RJC-DSC

M. DUGAN, KAREN DUGAN, and MARK S.
DUGAN, as trustee of THE GDM FAMILY
TRUST,
Plaintiffs,
v.
PILIANA M. SCHAMENS,
DAVID W. SCHAMENS,
INVICTUS CAPITAL GROWTH
AND INCOME FUND, LLP,
INVICTUS ASSET MANAGEMENT,
LLC, INVICTUS INCOME FUND,
INVICTUS REAL ESTATE INVESTMENT,
LLP, INVICTUS FUNDS, LLC,
TRADEDESK FINANCIAL GROUP, INC.,
TRADEDESK FINANCIAL CORP.,
TRADESTREAM ANALYTICS, LTD.,
INVICTUS CAPITAL GROWTH FUND,
LLP, INVICTUS HOLDINGS, LLP,
TRADEDESK CAPITAL, LLC,
Defendants.

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ORDER

THIS MATTER comes before the Court on sua sponte following the Clerk of Court’s
Entry of Default on March 8, 2016. (Doc. No. 44). Plaintiffs moved for entry of this default on
March 3, 2016. (Doc. No. 40). However, they have not made a motion for default judgment
following the Clerk’s entry. On July 13, 2016, the Court reminded Plaintiffs that they needed to
separately move for default judgment under Federal Rule of Civil Procedure 55(b). Plaintiffs
have not responded.
The Court orders Plaintiffs to file a motion for default judgment within fourteen (14)
days of the date of this Order. See Kashaka v. Baltimore Cnty., 450 F. Supp. 2d 610, 614 n.3

(D. Md. 2006). Should Plaintiffs fail to obey this Order, the Court will set aside the Entry of
Default and dismiss Plaintiffs’ claims against the defendants. See id.; Fed. R. Civ. P. 16(f);
41(b).
IT IS, THEREFORE, ORDERED that Plaintiffs must file a motion for default
judgment within fourteen (14) days of the date of this Order.
Signed: July 22, 2016