Opinion
2:22-cv-11687
10-24-2022
ROOFERS LOCAL 149 SECURITY BENEFIT TRUST FUND, et al., Plaintiffs, v. T.F. BECK COMPANY and DANIEL E. CASEY, Defendants.
CASE MANAGEMENT ORDER
STEPHEN J. MURPHY, III UNITED STATES DISTRICT JUDGE
The parties stipulated that Defendants would answer no later than October 12, 2022. ECF 11. But Defendants did not answer. The Court thus ordered Plaintiffs to show cause for why the case should not be dismissed for failure to prosecute. ECF 12. Plaintiffs responded and explained that “Defendants were unable to approve and execute the [settlement] agreement because Defendants' accountant was unforeseeably out of town.” ECF 13, PgID 33. Plaintiffs then stated that they were “agreeable to one last extension [of time to file an answer].” Id. Because the parties are steadily working towards settlement and because Plaintiffs are amenable to a further extension, the Court will extend Defendants' time to answer to November 3, 2022. The Court will grant no further extensions. Last, in light of the extension, the Clerk of the Court must strike Plaintiffs' request for the clerk's entry of default, ECF 14, and the clerk's entry of default against both Defendants, ECF 15; 16.
WHEREFORE, it is hereby ORDERED that the show cause order [12] is RESOLVED.
IT IS FURTHER ORDERED that Defendants must ANSWER or otherwise RESPOND no later than November 3, 2022.
IT IS FURTHER ORDERED that the Clerk of the Court must STRIKE Plaitniffs' request for the clerk's entry of default [14] and the clerk's entry of default as to both Defendants [15; 16].
SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on October 24, 2022, by electronic and/or ordinary mail.
David P. Parker Case Manager