USA v. Maris et al

Filing 49

ORDER granting 39 Motion for Entry of Default; granting 40 Motion for Entry of Default; granting 41 Motion for Entry of Default; granting 42 Motion for Entry of Default; denying 45 Motion to Deny Plaintiff's Request to have the Clerk's Entry of Default Judgment. Signed by Judge Dale A. Kimball on 8/19/2014. (jds)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

UNITED STATES OF AMERICA
Plaintiff,
vs.
KEITH L. MARIS individually and d/b/a
Keith L. Maris Painting and Wallpaper,
DONNA L. MARIS, SOUTHERN UTAH
TITLE CO., BRUCE T. LITTLE and
JEANENE LITTLE, Trustees of the Little
Trust, ANDERSON’S EXCAVATION,
INC., KANE COUNTY WATER
CONSERVANCY DISTRICT, MARK
JACOBS, d/b/a/ Mark Jacobs Construction,
KANE COUNTY TREASURER, and ALL
OF LOT 554 SWAINS CREEK PINES,
UNIT 3,

ORDER DIRECTING ENTRY OF
DEFAULT AGAINST KEITH L.
MARIS, DONNA L. MARIS, MARK
JACOBS, AND ANDERSON’S
EXCAVATION, INC.

Case No. 2:12CV1074 DAK

Defendants.

This matter is before the court on Plaintiff’s Motions for Clerk’s Entry of Default Against
Keith L. Maris, Donna L. Maris, Mark Jacobs, and Anderson’s Excavation, Inc. and on
Defendant Keith Maris’ “Motion to Deny Plaintiff’s Request to Have the Clerk’s Entry of
Default Judgment Against Defendant Keith L. Maris and Donna L. Maris (the “Motion to
Deny”). In his motion, Mr. Maris claims that the court should deny the requests for default
pursuant to Docket No. 38, “Order Dismissing Case Action Without Prejustice [sic].” As
readily identified in the docket entry, however, the Order to which Mr. Maris refers pertains to an

entirely different case, and it was mistakenly entered in this case.1 The Order of Dismissal has
nothing to do with the instant case.
Accordingly, IT IS HEREBY ORDERED that Defendant Keith Maris’ Motion to Deny
[Docket No. 45] is DENIED, and Plaintiff’s Motions for Clerk’s Entry of Default [Docket Nos.
39, 40, 41, & 42] are GRANTED. The Clerk of Court is directed to enter default against Keith
L. Maris, Donna L. Maris, Mark Jacobs, and Anderson’s Excavation, Inc.
DATED this 19th day of August, 2014.
BY THE COURT:

DALE A. KIMBALL
United States District Judge

1

The Docket Entry for Docket No. 38 reads: “***PLEASE DISREGARD - ENTRY
ERROR***”. The mistake was noted in the docket text on the same day the Order was
mistakenly entered: “modified on 4/18/2014 by adding error message.” Therefore, when Mr.
Maris filed his Motion to Deny on May 29, 2014, the error had been corrected for well over a
month.
2