Elawyers Elawyers
Ohio| Change

Axxon International, LLC v. GC Equipment, LLC, 3:17-CV-429-DCK. (2018)

Court: District Court, W.D. North Carolina Number: infdco20181015a42 Visitors: 15
Filed: Oct. 12, 2018
Latest Update: Oct. 12, 2018
Summary: ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on "Plaintiff's Motion For Entry Of Clerk's Default Against Defendant Globecore GMBH" (Document No. 48) filed October 2, 2018. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c), and immediate review is appropriate. Having carefully considered the motion and the record, the undersigned will deny the motion. By the instant motion, Plaintiff contends that the Court should e
More

ORDER

THIS MATTER IS BEFORE THE COURT on "Plaintiff's Motion For Entry Of Clerk's Default Against Defendant Globecore GMBH" (Document No. 48) filed October 2, 2018. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate review is appropriate. Having carefully considered the motion and the record, the undersigned will deny the motion.

By the instant motion, Plaintiff contends that the Court should enter a Default against Defendant Globecore GmbH. (Document No. 48). Plaintiff notes that Defendant Globecore GmbH was served with the Summons and Amended Complaint on August 27, 2018. Id. (citing Document No. 44). As such, Plaintiff concludes that Defendant Globecore GmbH was required to file a response by September 17, 2018.

The undersigned notes that since the filing of the pending motion, counsel for Defendant Globecore GmbH has filed "Defendant Globecore GmbH's Answer And Motion To Dismiss For Lack Of Personal Jurisdiction" (Document No. 53) on October 10, 2018, and "Notices of Appearance" on October 9, 2018. See (Document Nos. 49, 50, 51, and 52). Under the circumstances of this case, and particularly noting that Globecore GmbH "is a foreign corporation organized and existing under the laws of Germany, with its principal place of business in Oldenburg Eversten, Germany," the undersigned will accept "Defendant Globecore GmbH's Answer. . ." (Document No. 53) as timely filed. (Document No. 28, p. 2; Document No. 53, p. 2). As such, the undersigned will deny "Plaintiff's Motion For Entry Of Clerk's Default Against Defendant Globecore GMBH" (Document No. 48).

In addition, the undersigned notes that the Court previously ordered "that the parties shall, jointly if possible, file proposed revisions to the case deadlines in the "Pretrial Order And Case Management Plan" (Document No. 26) within thirty (30) days of Defendant Globecore GmbH being served a copy of the Amended Complaint, but no later than January 18, 2018." (Document No. 43, pp. 1-2). It appears to be undisputed that Defendant Globecore GmbH was served with a copy of the Amended Complaint on August 27, 2018; therefore, the parties were expected to file proposed revisions to the "Pretrial Order And Case Management Plan" by September 27, 2018. Based on the record of this case, the undersigned will sua sponte extend the deadline for proposed revisions of the case deadlines.

IT IS, THEREFORE, ORDERED that "Plaintiff's Motion For Entry Of Clerk's Default Against Defendant Globecore GMBH" (Document No. 48) is DENIED.

IT IS FURTHER ORDERED that the parties shall file, jointly if possible, proposed revisions to the case deadlines in the "Pretrial Order And Case Management Plan" (Document No. 26) on or before October 26, 2018.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer