United States of America v. Grant et al

Filing 262

ORDER denying 191 Motion for Entry of Default. Signed by Judge Samuel H. Mays, Jr on 06/26/2012.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

UNITED STATES OF AMERICA,

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Plaintiff,
v.
AHMED GRANT d/b/a M.G.
Services, LLC,
Defendants.

No. 11-2576

ORDER DENYING PLAINTIFF’S REQUEST TO ENTER DEFAULT

Before

the

Court

is

Plaintiff

the

United

States

of

America’s (the “Government”) September 27, 2011 Request to Enter
Default against Defendant Ahmed Grant (“Grant”).
to Enter Default, ECF No. 191.)
on

Rule

provides

55

of

that,

the
when

Federal
“a

(See Request

The Government bases its motion

Rules

party

of

against

Civil
whom

Procedure,
a

judgment

which
for

affirmative relief is sought has failed to plead or otherwise
defend, and that failure is shown by affidavit or otherwise, the
clerk must enter the party's default.”

The Government argues

that Grant has failed to plead or otherwise defend against the
Government’s allegations.

1

On

October

6,

2011,

Grant

requested

answer the Government’s Complaint.

additional

time

(See ECF No. 199.)

to
The

Court granted Grant’s request on October 18, 2011, setting a
November 3, 2011 deadline.
on

November

3.

(See

(See ECF No. 201.)

ECF

No.

214.)

Granted answered

Having

answered

the

Government’s Complaint, there is no basis for entering default.
The Government’s Request is DENIED.
So ordered this 26th of June, 2012.

s/ Samuel H. Mays, Jr._______
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

2