Opinion
1:23-CV-01530-DII
03-27-2024
U-MVPINDEX, LLC d/b/a MVP GROUP, INC., Plaintiff v. DANIEL J. GACETTA, JR., Defendant
ORDER
SUSAN HIGHTOWER, UNITED STATES MAGISTRATE JUDGE
Plaintiff U-MVPindex, LLC d/b/a MVP Group, Inc. filed this action on December 17, 2023. Dkt. 1. This Court issued summons to Defendant Daniel J. Gacetta, Jr. on December 18, 2023. Dkt. 4. Plaintiff served Defendant on January 2, 2024. Dkt. 5. To date, Defendant has not appeared in this action. On January 23, 2024, Plaintiff informed the Court that the parties were “engaged in productive settlement negotiations” and asked for an extension of Defendant's time to respond to the Complaint. Dkt. 6 at 1. By Text Order entered January 24, 2024, the District Court extended Defendant's time to file an answer to February 22, 2024. Defendant's deadline to file an answer or otherwise respond has passed. When a party fails to timely plead or defend, it may be held in default. FED. R. CIV. P. 55(a).
Considering the parties have engaged in settlement negotiations, the Court ORDERS that Plaintiff either (a) file dismissal papers or (b) file a status report on or before April 12, 2024.