Filed: Aug. 05, 2016
Latest Update: Aug. 05, 2016
Summary: REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Before this Court is Plaintiff's Motion for Entry of a Judgment by Default. ECF No. 17. Defendants have files responses to this motion. ECF No. 21, 22. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3) (2005), the Honorable Susan O. Hickey referred this motion to this Court for the purpose of making a report and recommendation. This Court, having reviewed Plaintiff's arguments and
Summary: REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Before this Court is Plaintiff's Motion for Entry of a Judgment by Default. ECF No. 17. Defendants have files responses to this motion. ECF No. 21, 22. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3) (2005), the Honorable Susan O. Hickey referred this motion to this Court for the purpose of making a report and recommendation. This Court, having reviewed Plaintiff's arguments and ..
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REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BARRY A. BRYANT, Magistrate Judge.
Before this Court is Plaintiff's Motion for Entry of a Judgment by Default. ECF No. 17. Defendants have files responses to this motion. ECF No. 21, 22. Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3) (2005), the Honorable Susan O. Hickey referred this motion to this Court for the purpose of making a report and recommendation. This Court, having reviewed Plaintiff's arguments and briefing, recommends Plaintiff's Motion for Entry of a Judgment by Default (ECF No. 17) be DENIED.
1. Background
On March 23, 2016, Plaintiff filed a Complaint against Defendants. ECF No. 1. Defendants were served with the Complaint on May 23, 2016. ECF No. 11, 12. Defendant Texarkana Arkansas Housing Authority filed its Answer on June 9, 20161 and Defendant RichSmith Development LLC filed its Answer on June 10, 2016. ECF. No. 14, 15. Plaintiff seeks the entry of a Default based on an argument that Defendants failed to answer the complaint timely. ECF No. 17.
2. Discussion
A party has 21 days after being served with the summons and complaint to file an answer. FED. R. CIV. P. 12(a)(1)(i). In this matter, Defendants' Answers were due by June 13, 2016. Both Defendants answered prior to June 13, 2016. Defendants answered in a timely manner.
3. Conclusion
Based upon the foregoing, this Court recommends that Plaintiff's Motion for Entry of Judgment by Default (ECF No. 17) be DENIED.
The parties have fourteen (14) days from receipt of this Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. See Thompson v. Nix, 897 F.2d 356, 357 (8thCir. 1990).