Basito Investments, LLC v. Rivers

Filing 19

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 9 Motion for Default Judgment (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
BASITO INVESTMENTS, LLC,
Plaintiff,
vs.

Case No. 16-CV-494-FHM

MARTIN W. RIVERS,
Defendant.
OPINION AND ORDER
Plaintiff’s Motion for Default Judgment, [Dkt. 9] is before the Court.

From

Defendant’s representations and the attachment to Defendant’s brief, it appears that,
although the requirements of Fed.R.Civ.P. 4 were not followed in every respect, Defendant
filed a waiver of service intending to reserve until November 19, 2016 in which to Answer
or otherwise plead. Further, it appears that the parties consider the issue to be moot as
the parties have filed a joint status report in which there is no mention of a pending motion
for default, and the parties have jointly consented to the disposition of the case by a United
States Magistrate Judge which also signifies their intention to address the case on the
merits. [Dkt. 15, 17].
Plaintiff’s Motion for Default Judgment, [Dkt. 9], is DENIED. Defendant is granted
until November 22, 2016, in which to Answer or otherwise plead.
SO ORDERED this 17th day of November, 2016.