U-MVPINDEX, LLC v. Gacetta

Filing 7

ORDER for Plaintiff either (a) file dismissal papers or (b) file a status report on or before April 12, 2024. Signed by Judge Susan Hightower. (cc3)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
U-MVPINDEX, LLC d/b/a MVP
GROUP, INC.,
Plaintiff
v.
DANIEL J. GACETTA, JR.,
Defendant

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Case No. 1:23-CV-01530-DII

ORDER

Plaintiff U-MVPindex, LLC d/b/a MVP Group, Inc. filed this action on December 17, 2023.
Dkt. 1. This Court issued summons to Defendant Daniel J. Gacetta, Jr. on December 18, 2023.
Dkt. 4. Plaintiff served Defendant on January 2, 2024. Dkt. 5. To date, Defendant has not appeared
in this action. On January 23, 2024, Plaintiff informed the Court that the parties were “engaged in
productive settlement negotiations” and asked for an extension of Defendant’s time to respond to
the Complaint. Dkt. 6 at 1. By Text Order entered January 24, 2024, the District Court extended
Defendant’s time to file an answer to February 22, 2024. Defendant’s deadline to file an answer
or otherwise respond has passed. When a party fails to timely plead or defend, it may be held in
default. FED. R. CIV. P. 55(a).
Considering the parties have engaged in settlement negotiations, the Court ORDERS that
Plaintiff either (a) file dismissal papers or (b) file a status report on or before April 12, 2024.
SIGNED on March 27, 2024.

SUSAN HIGHTOWER
UNITED STATES MAGISTRATE JUDGE