Opinion
6:23-cv-2373-WWB-LHP
04-29-2024
JOE HAND PROMOTIONS, INC., Plaintiff, v. GARY KIRBY, Defendant
ORDER (AND DIRECTION TO CLERK OF COURT)
LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE.
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT (Doc. No. 15)
FILED: April 19, 2024
THEREON it is ORDERED that the motion is GRANTED.
The Court notes that Plaintiff's motion fails to comply with Local Rule 3.01(a). Going forward, Plaintiff is cautioned that future motions that fail to comply with all applicable Federal Rules of Civil Procedure, Local Rules, and Court Orders may be stricken or summarily denied without further notice. See also Doc. No. 4.
The docket reflects that Defendant Gary Kirby was served with a copy of the summons and complaint on December 21, 2023, by serving Harley Wright, his coresident. Doc. No. 9; see also Fed.R.Civ.P. 4(e)(2)(B). Defendant has not appeared in this matter, or otherwise timely responded to the complaint. See Fed.R.Civ.P. 12(a)(1)(A)(i). Accordingly, Plaintiff's Motion for Entry of Default (Doc. No. 15) is GRANTED, and the Clerk of Court is directed to enter default against Defendant Gary Kirby.
This Order does not address the April 10, 2024 Order to Show Cause (Doc. No. 10), which remain outstanding.
DONE and ORDERED.