Curtis v. Benda, et al.

Filing 46

ORDER denying as moot 36 Motion for Order Revoking Court Order and Issuance of Order entering Default Judgment. Signed by Magistrate Judge Karen L Strombom.(CMG; copy mailed to Plaintiff)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER - 1 Before the Court is Plaintiff's Motion for Order Revoking Court Order and Issuance of Order Entering Default Judgment. Dkt. # 36. Plaintiff requests that the Court revoke its service order directing service of the amended complaint on Defendant Terry J. Benda and enter a default judgment against Mr. Benda. Id. Plaintiff alleges that Mr. Benda engaged in fraud and misrepresentation in avoiding service by the U.S. Marshal. Id. Defendants oppose the motion. Dkt. # 39. On April 6, 2009, a notice of appearance and waiver of service was filed on behalf of Terry J. Benda by the Attorney General. Dkt. # 38. As Mr. Benda has waived service in this matter, the issues raised in Plaintiff's motion are now moot. Pursuant to Fed.R.Civ.P. 12(a), Defendant Benda has until May 18, 2009, to submit his answer. v. TERRY J. BENDA, et al., Defendants. Plaintiff, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA JAMES EDWARD CURTIS, Case No. C08-5109 FDB/KLS ORDER DENYING MOTION FOR ORDER REVOKING COURT ORDER AND ISSUANCE OF ORDER ENTER DEFAULT JUDGMENT AS MOOT

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Accordingly, it is ORDERED that Plaintiff's motion (Dkt. # 36) shall be DENIED as moot. The Clerk of Court is directed to send a copy of this Order to Plaintiff and to counsel for Defendants.

DATED this 24th day of April, 2009.

A

Karen L. Strombom United States Magistrate Judge

ORDER - 2