Opinion
CV-22-00754-PHX-DLR
07-15-2022
Kenneth Sachs, Plaintiff, v. Maryna Vorobyova Sachs and Raymond Branton, Defendants.
ORDER
DOUGLAS L. RAYES UNITED STATES DISTRICT JUDGE
Plaintiff Kenneth Sachs filed this lawsuit on May 3, 2022. (Doc. 1.) On June 15, 2022, Defendant Raymond Branton moved to dismiss for lack of subject-matter jurisdiction. (Doc. 18.) That same day, Mr. Sachs filed an application for entry of default. (Doc. 18.) Then, on June 30, 2022, Mr. Sachs filed a motion asking for clarification about whether his application for entry of default has been ruled on. (Doc. 24.)
Mr. Sachs' application for entry of default is denied. Mr. Branton has appeared and responded to complaint by filing a motion to dismiss. There is no reason to default him. Mr. Sachs has not responded to Mr. Branton's motion to dismiss. It appears Mr. Sachs might have been confused about whether he was required to respond, given his pending application for entry of default. Accordingly, the Court will grant Mr. Sachs additional time in which to respond to Mr. Branton's motion.
IT IS ORDERED that Mr. Sachs' application for entry of default (Doc. 21) is DENIED and his motion for clarification (Doc. 24) is DENIED as moot in light of this order. Mr. Sachs will have until July 29, 2022 in which to respond to Mr. Branton's motion to dismiss for lack of jurisdiction.