Kochanski v. United States of America

Filing 23

ORDER signed by Judge Lynn Adelman on 3/5/15 that the United Statess motion for a default judgment 17 against the Aasens is DENIED WITHOUT PREJUDICE to its being renewed at the end of this case. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ALICE M. KOCHANSKI,
Plaintiff,
v.

Case No. 13-C-0803

UNITED STATES OF AMERICA,
Defendant and Third-Party Plaintiff,
v.
PETER AASEN and CATHERINE AASEN,
Third-Party Defendants.

ORDER
The United States of America, the third-party plaintiff in this case, has filed a motion
for a default judgment against third-party defendants Peter Aasen and Catherine Aasen.
The Aasens have failed to appear in this case, and the clerk of court has entered their
default. However, the court will not enter a default judgment against the Aasens at this
time, while the claim between the plaintiff and the United States is pending.

It is

conceivable that such claim will affect the amount the United States is entitled to recover
from the Aasens, and therefore the court will wait until all claims in this action have been
resolved before entering judgment against any party. The United States may renew its
motion for a default judgment after the plaintiff’s claim has been resolved.
Accordingly, IT IS ORDERED that the United States’s motion for a default judgment
against the Aasens is DENIED WITHOUT PREJUDICE to its being renewed at the end of
this case.

Dated at Milwaukee, Wisconsin, this 5th day of March, 2015.

s/ Lynn Adelman
__________________________________
LYNN ADELMAN
District Judge

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