Flores v. Alvarado et al

Filing 13

ORDER granting in part and denying in part 4 Motion for Entry of Default. Signed by District Judge Robert J. Conrad, Jr on 12/19/2017. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-514-RJC-DSC
RAFAEL ANTONIO GARCIA FLORES,

)
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Plaintiff,
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v.
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YOSELIN YESSENIA MORALES
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ALVARADO, CARMEN LUCIDNA
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ALVARDO, and DAVID ALVARDO
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Defendants.
)
________________________________________ )

ORDER

THIS MATTER comes before the Court on Rafael Antonio Garcia Flores’ (“Plaintiff’s”)
Motion for Entry of Default, (Doc. No. 4).
On August 25, 2017, Plaintiff filed before this Court an action petitioning the return of his
son, a minor child, to El Salvador. (Doc. No. 1). After issuing summons, (Doc. No. 2), and filing
an affidavit of service, (Doc. No. 3), Plaintiff then filed a Motion for Entry of Default against all
three defendants, (Doc. No. 4). Soon after, defendant Yoselin Alvarado filed a Motion for
Extension of Time, (Doc. No. 5), which Magistrate Judge Cayer granted, (Doc. No. 7). Upon
review of the docket, defendant Yoselin Alvarado has continued to actively take part in the current
litigation. Since Judge Cayer’s order granting an extension of time, Yoselin Alvarado has filed a
Motion to Dismiss for Failure to state a Claim, (Doc. No. 8), which Plaintiff has responded to,
(Doc. No. 9). As such, Plaintiff’s Motion for Entry of Default is DENIED as applied to Yoselin
Alvarado but GRANTED as applied to defendants Carmen Lucidna Alvarado and David
Alvarado.

IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Entry of Default, (Doc. No.
4), is GRANTED in part and DENIED in part.
Signed: December 19, 2017