Filed: Feb. 26, 2020
Latest Update: Feb. 26, 2020
Summary: ORDER DENYING MOTION FOR DEFAULT JUDGMENT Re: Dkt. No. 49. KANDIS A. WESTMORE , Magistrate Judge . On February 24, 2020, Plaintiff Gary Price Thomas filed a motion for default judgment. (Dkt. No. 49.) The Court DENIES Plaintiff's motion. Contrary to Plaintiff's assertion, Defendants are not in default. Defendants Vulcan Material Company, Inc., Jeff Nehmens, and Phil Miller filed an answer on October 2, 2019. (Dkt. No. 7.) Defendants Teamsters Union Local 665, Teamsters Union Local 853, Mik
Summary: ORDER DENYING MOTION FOR DEFAULT JUDGMENT Re: Dkt. No. 49. KANDIS A. WESTMORE , Magistrate Judge . On February 24, 2020, Plaintiff Gary Price Thomas filed a motion for default judgment. (Dkt. No. 49.) The Court DENIES Plaintiff's motion. Contrary to Plaintiff's assertion, Defendants are not in default. Defendants Vulcan Material Company, Inc., Jeff Nehmens, and Phil Miller filed an answer on October 2, 2019. (Dkt. No. 7.) Defendants Teamsters Union Local 665, Teamsters Union Local 853, Mike..
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ORDER DENYING MOTION FOR DEFAULT JUDGMENT
Re: Dkt. No. 49.
KANDIS A. WESTMORE, Magistrate Judge.
On February 24, 2020, Plaintiff Gary Price Thomas filed a motion for default judgment. (Dkt. No. 49.) The Court DENIES Plaintiff's motion. Contrary to Plaintiff's assertion, Defendants are not in default. Defendants Vulcan Material Company, Inc., Jeff Nehmens, and Phil Miller filed an answer on October 2, 2019. (Dkt. No. 7.) Defendants Teamsters Union Local 665, Teamsters Union Local 853, Mike Yates, Mark Gleason, and Rodney Smith ("Union Defendants") filed a motion to dismiss that same day, and the Court granted the motion to dismiss on December 9, 2019. (See Dkt. Nos. 12, 38.) Plaintiff was ordered to file an amended complaint by January 3, 2020; that deadline, however, was effectively stayed when the case was stayed while Plaintiff was referred to the Federal Pro Bono Project for appointment of counsel. (See Dkt. No. 46.) Thus, there is no operative complaint to which the Union Defendants were required to respond.
IT IS SO ORDERED.
