Hare v. Colvin

Filing 12

ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT denying ECF No. 11 . Signed by Magistrate Judge John T. Rodgers. (PH, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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REBECCA HARE,

No. CV-14-0037-JTR

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Plaintiff,

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v.

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ORDER DENYING PLAINTIFF’S
MOTION FOR DEFAULT
JUDGMENT

CAROLYN W. COLVIN,
Commissioner of Social Security,

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Defendant.

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BEFORE THE COURT is pro se Plaintiff’s May 27, 2014, pleading

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entitled “Request for Default Judgement.” ECF No. 11. Plaintiff complains

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Defendant has failed to respond in this matter.

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The Court file indicates the Office of the United States Attorney has not

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filed a notice of appearance in this case, and no Answer to Plaintiff’s Complaint,

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filed on January 30, 2014, has been filed by Defendant. However, from a review

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of the summons, ECF No. 10, it appears Defendant has not been properly served in

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this case. See Fed. R. Civ. P. 4(i)(1)(A). Plaintiff has 120 days from the date of

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the filing of the Complaint in which to effectuate service. Fed. R. Civ. P. 4(m).

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Once Plaintiff properly serves Defendant, Defendant will thereafter file an

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Answer and lodge the Administrative Record. It can take several weeks for the

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Administrative Record to be located and filed with the Court. Upon Plaintiff’s

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receipt of the Administrative Record, Plaintiff will be responsible for preparing a
ORDER DENYING PLAINTIFF’S MOTION . . . - 1

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proposed stipulated scheduling order and proposed order setting forth the briefing

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schedule for the case. Plaintiff will determine the briefing dates, allowing

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Defendant 42 days to respond to Plaintiff’s motion for summary judgment unless

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otherwise requested. With respect to the hearing date for the cross-motions,

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Plaintiff shall contact the Office of the United States Attorney for the Court’s next

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available date.

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Based on the foregoing, Plaintiff’s motion for default judgment, ECF No.
11, is DENIED.
IT IS SO ORDERED. The District Court Executive is directed to file this

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Order and provide a copy to Plaintiff.

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DATED May 27, 2014.

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_____________________________________
JOHN T. RODGERS
UNITED STATES MAGISTRATE JUDGE

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ORDER DENYING PLAINTIFF’S MOTION . . . - 2