United States of America v. Walker

Filing 13

ORDER denying 11 Motion for Entry of Default. Plaintiff shall have 21 days to file an affidavit outlining any extra costs incurred in preparing and filing the Motion for Entry of Default. Further, parties shall conduct an IAC within 14 days.. Signed by District Judge Robert J. Conrad, Jr on 8/25/16. (ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-00594-RJC-DSC
UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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JUDSON E. WALKER,
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Defendant.
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________________________________________ )

ORDER

THIS MATTER comes before the Court upon Plaintiff’s Motion for Entry of Default.
(Doc. No. 11). Plaintiff filed its Complaint on December 7, 2015, (Doc. No. 1), and Defendant
was served in person on February 19, 2016, (Doc. Nos. 3, 4). Defendant failed to file an Answer;
therefore, on July 13, 2016, the Court directed Plaintiff to file a Motion for Entry of Default. (Doc.
No. 7). Without offering any explanation as to his dilatory conduct, Defendant filed his Answer
the next day on July 14, 2016. (Doc. No. 8). Thereafter, in order to comply with the Court’s
Order, Plaintiff filed its Motion for Entry of Default on July 27, 2016. (Doc. No. 11).
Although more than two months late, Defendant has now filed his Answer in this action.
Therefore, in light of the liberal standard applicable to setting aside an entry of default, Tolson v.
Hodge, 411 F.2d 123, 130 (4th Cir. 1969), the Court will deny Plaintiff’s Motion for Entry of
Default. The Court, however, will allow Plaintiff to file an affidavit outlining any extra costs
incurred in preparing and filing the Motion for Entry of Default for the Court’s consideration as a
sanction against Defendant. Such affidavit shall be filed within twenty-one (21) days of the entry
of this Order.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Entry of Default, (Doc. No.

11), is DENIED. Plaintiff shall have twenty-one (21) days from the entry of this Order within
which to file an affidavit outlining any extra costs incurred in preparing and filing the Motion for
Entry of Default.
IT IS FURTHER ORDERED that, pursuant to Local Civil Rule 16.1, the parties conduct
an Initial Attorneys’ Conference within fourteen (14) days. At the conference, the parties are
required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with
Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys’ Conference should be filed
within seven (7) days of the conference. If appropriate, a party may file a Motion to Stay the Initial
Attorneys’ Conference.
Signed: August 25, 2016