Harty v. Dutch Square Limited Liability Company

Filing 13

ORDER directing plaintiff to file a properly supported motion for default judgment or otherwise indicate how he would like to proceed within fourteen days from the date of this order ( Motion for default judgment due by 11/9/2011). Signed by Magistrate Judge Paige J Gossett on 10/26/2011. (jpet, ) Modified to replace with corrected document on 10/26/2011 (jpet, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Owen Harty,

)
)
Plaintiff,
)
)
v.
)
)
Dutch Square Limited Liability Company, an )
Ohio Limited Liability Company,
)
)
Defendant.
)
_____________________________________ )

C/A No. 3:11-496-MBS-PJG

ORDER

The plaintiff, Owen Harty, filed this action against Defendant Dutch Square Limited Liability
Company alleging violations pursuant to Title III of the Americans with Disabilities Act, 42 U.S.C.
§§ 12181 et seq. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule
73.02(B)(2) DSC for pretrial proceedings.
Pursuant to Federal Rule of Civil Procedure 4(m), service of process must be effected on the
defendant within 120 days of filing the Complaint. Review of the docket appears to disclose that
the defendant was timely served but has failed to file a responsive pleading in accordance with Rule
12. (ECF No. 7); Fed. R. Civ. P. 12. Accordingly, on August 25, 2011, the Clerk of Court entered
default as to the defendant. (ECF No. 11); Fed. R. Civ. P. 55(a). To date, the plaintiff has not taken
any further action in this matter. Therefore, it is hereby
ORDERED that the plaintiff, within fourteen (14) days from the date of this Order, shall file
a properly supported motion for default judgment or otherwise indicate how he would like to
proceed. If the plaintiff fails to file the motion or to take other action to advance this matter, the
court shall recommend that this action be dismissed.
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IT IS SO ORDERED.

_________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
October 26, 2011
Columbia, South Carolina

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