Schneider v. Twin City Fire Insurance Company et al

Filing 13

ORDER TO SHOW CAUSE re 9 MOTION for Default filed by Sabreena J. Schneider. Show Cause Response due by 3/7/2011; signed by Judge Marsha J. Pechman. (SC)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendant. 15 16 On February 18th, Plaintiff filed a Motion for Order of Default for Defendants' Failure 17 to Answer (Dkt. No. 9), alleging that more than 21 days had elapsed since Defendants were 18 properly served with a copy of the summons and complaint and after the notice of removal had 19 been filed. Since Defendants have failed to file an answer within that period, Plaintiff requests, 20 pursuant to FRCP 81(c)(2), that a default be issued in her favor. 21 Defendants have filed an objection to the motion (Dkt. No. 11). Their defense to 22 Plaintiff's motion consists of a representation that they have filed a Notice of Appearance and 23 that Plaintiff's motion was somehow improperly noticed under Local Rule 7(d)(1). In view of 24 v. TWIN CITY FIRE INSURANCE COMPANY, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE SABREENA J. SCHNEIDER, Plaintiff, CASE NO. 2:11-CV-00004-MJP ORDER TO CAUSE

ORDER TO CAUSE- 1

1 the fact that FRCP 81(c)(2) requires the filing of an answer (not a Notice of Appearance) within 2 the statutory period and that LR 7(d)(1) references FRCP 55(a), the Court is at a loss to 3 understand Defendants' objection. Therefore 4 IT IS ORDERED that Defendants must show written cause by no later than March 7,

5 2011 why default should not be entered in this matter for their failure to file an answer to the 6 complaint in accordance with FRCP 81(c)(2). Defendants' pleading shall not exceed three (3) 7 pages in length; Plaintiff will not be required to respond to this pleading unless directed by the 8 Court. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The clerk is ordered to provide copies of this order to all counsel. Dated this __28th___ day of February, 2011.

Marsha J. Pechman United States District Judge

A

ORDER TO CAUSE- 2