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BAKKEN RESOURCES, INC. v. PROLAND SERVICES, LLC, CV-15-65-H-SEH. (2017)

Court: District Court, D. Montana Number: infdco20170105a23 Visitors: 33
Filed: Jan. 04, 2017
Latest Update: Jan. 04, 2017
Summary: ORDER SAM E. HADDON , District Judge . Plaintiff moved for entry of default judgment as to Defendant Mary Cunningham on July 22, 2016. 1 A hearing on the matter was held on August 23, 2016, in which the Court denied Plaintiffs request without prejudice for failure to properly serve Defendant Proland Services, LLC. 2 Plaintiff was ordered to either dismiss its case without prejudice or take all steps necessary and appropriate to effect service on Proland Services, LLC. 3 Plaintiff notifie
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ORDER

Plaintiff moved for entry of default judgment as to Defendant Mary Cunningham on July 22, 2016.1 A hearing on the matter was held on August 23, 2016, in which the Court denied Plaintiffs request without prejudice for failure to properly serve Defendant Proland Services, LLC.2 Plaintiff was ordered to either dismiss its case without prejudice or take all steps necessary and appropriate to effect service on Proland Services, LLC.3 Plaintiff notified the Court it chose to effect service on Proland Services, LLC.4

The Affidavit of Receipt of Service of Process by Secretary of State5 was filed on December 7, 2016, and accompanied by Proof of Service6 and Summons retum.7 The information provided discloses that service was effected on Proland Services, LLC on December 5, 2016.8

Proland Services, LLC's answer was due on December 26, 2016, under Fed. R. Civ. P. 12(a)(1)(A)(i). No answer or other appearances by Proland Services, LLC has been filed. No application for default against Proland Services, LLC has been sought.

Plaintiffs application for default judgment against Mary Cunningham has not been renewed.

ORDERED:

1. Plaintiff shall either dismiss or move for entry of default judgment under Fed. R. Civ. P. 55(b) against Defendant Mary Cunningham on or before January 13, 2017.

2. Plaintiff shall either dismiss or move for entry of default under Fed. R. Civ. P. 55(a) against Defendant Proland Services, LLC on or before January 13, 2017.

FootNotes


1. Doc. 23.
2. See doc. 26, 27.
3. Doc. 27.
4. Doc. 28.
5. Doc. 29.
6. Doc. 29-1.
7. Doc. 29-2.
8. See M.R. Civ. P. 4(p).
Source:  Leagle

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