Opinion
Case No. 2:03 CV 235
May 2, 2003
ORDER DENYING SECOND MOTION FOR A DEFAULT JUDGMENT AND ORDER OF REFERENCE
The court denies Mr. Fitzgerald's second motion for default. First, Mr. Fitzgerald ignores this courts order of April 11, 2003, finding that service on Mr. John Lish was not proper service in this case.
A representative of Bank One N.A. filed an appearance with this court in this matter on April 29, 2003. Bank One N.A. shall have the statutory allowed time frame to respond as they chose to Mr. Fitzgerald's complaint, and therefore the second motion for default judgment is denied. The court notes that Bank One N.A., is the successor-by-merger to the First National Bank of Chicago, N.A. and currently is not named as a party in Mr. Fitzgerald's complaint.
It is further ordered that, as authorized, as authorized by 28 U.S.C. § 636 (b)(1)(B) and the rules of this Court, the above entitled case is referred to the magistrate judge. The magistrate judge is directed to manage the case, receive all motions, hear oral arguments, conduct evidentiary hearings as deemed appropriate, and to submit to the undersigned judge a report and recommendation for proper resolution of dispositive matters presented.
SO ORDERED.