Hinkley v. Vail et al

Filing 28

ORDER denying 20 Motion for Default. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAMES M. HINKLEY,
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Plaintiff,

ORDER DENYING MOTION FOR
ENTRY OF DEFAULT

ELDON VAIL, SCOTT RUSSELL,
KERRY ARLOW, JEFFREY L.
CARLSEN, STEVE DEMARS, JOHN
AND JANE DOES 1-32,

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No. C12-5969 RBL/KLS

v.

Defendants.
Before the Court is Plaintiff’s Motion for Entry of Default against Jeffrey L. Carlsen and

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Steve Demars. ECF No. 20. Having carefully considered the motion, Defendants’ response
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(ECF No. 23), and balance of the record, the Court finds that the motion should be denied.
DISCUSSION

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Rule 55, which governs the entry of default, provides for the entry of default when a

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party fails to plead or otherwise defend. Fed. R. Civ. P. 55. The Federal Rules of Civil

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Procedure provide that a defendant who waives service is required to answer within sixty days

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after the date on which the request for a waiver is sent. Fed. R. Civ. P. 4(d)(3).

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Plaintiff seeks default judgments against Defendants Jeffrey L. Carlsen and Steven

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DeMars. ECF No. 20. However, these defendants filed waivers of service, so the sixty-day rule

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applies and their answers were not due until February 21, 2013. ECF Nos. 13 and 16.

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Defendants Carlsen and DeMars filed their Answer to Plaintiff’s Amended Complaint on

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February 19, 2013. ECF No. 24.
ORDER - 1

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Accordingly, it is ORDERED:

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(1)

Plaintiff’s motion for default (ECF No. 20) is DENIED.

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(2)

The Clerk shall send a copy of this Order to Plaintiff and to counsel for

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Defendants.
DATED this 27th day of February, 2013.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2