Opinion
No. CIV 03-1999-PHX-SMM.
November 14, 2005
ORDER
Plaintiff, appearing pro se, filed a Request for Entry of Default against served Defendants Greg Horne and Larry Krouse. [Doc. No. 35]
Entry of Default is governed by Federal Rule of Civil Procedure 55(a). The Rule provides, "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default."
Defendants Horne and Krouse were personally served at Dickey's Barbecue, 17721 Dallas Parkway #130, Dallas, Texas, 75287 on December 22, 2004. [Docs. No. 37 and 38] To date, neither served Defendant has entered an appearance in this matter or otherwise made contact with the Court. Thus, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, the Court will direct the Clerk of Court enter Default against Defendants Horne and Krouse.
Accordingly,
IT IS ORDERED that Plaintiff's Request for Entry of Default [Doc. No. 35] is GRANTED. The Clerk of Court is directed to enter Default against Defendants Greg Horne and Larry Krouse.
IT IS FURTHER ORDERED that the Court will conduct a hearing on judgment for default on Monday, December 12, 2005, at 2:00 p.m., before the Honorable Stephen M. McNamee in Courtroom 605 at 401 West Washington Street in Phoenix, Arizona. Plaintiff may appear telephonically by calling Judge McNamee's chambers (602-322-7555) no later than five minutes before 2:00 p.m. on December 12, 2005.
IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order to all parties' last known address. The Clerk will note that Plaintiff's address is P.O. Box 742641, Houston, TX, 77274.