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Bank of New York Mellon Trust Company, N.A. v. Sock, CV 616-165. (2018)

Court: District Court, S.D. Georgia Number: infdco20181005b38 Visitors: 6
Filed: Oct. 04, 2018
Latest Update: Oct. 04, 2018
Summary: ORDER J. RANDAL HALL , Chief District Judge . On August 28, 2018, the Court entered an Order requesting Plaintiff to show cause as to why this case should not be dismissed for failure to prosecute. (Doc. 23.) Plaintiff was directed to respond, in writing, no later than September 11, 2018. ( Id. ) Plaintiff has now filed that response, albeit twenty-two days late, and requests an additional fourteen days to submit a Motion for Default and other documents. (Doc. 25.) Plaintiff points out tha
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ORDER

On August 28, 2018, the Court entered an Order requesting Plaintiff to show cause as to why this case should not be dismissed for failure to prosecute. (Doc. 23.) Plaintiff was directed to respond, in writing, no later than September 11, 2018. (Id.) Plaintiff has now filed that response, albeit twenty-two days late, and requests an additional fourteen days to submit a Motion for Default and other documents. (Doc. 25.)

Plaintiff points out that its counsel filed a Notice of Appearance on October 3, 2018. (Doc. 24.) Further, Plaintiff expects to file a business record affidavit that will purportedly resolve the issue of its standing to bring this action. In the interest of resolving this action, the Court GRANTS Plaintiff's motion for fourteen additional days to file a Motion for Default. However, failure to file such motion before October 18, 2018, will result in dismissal of this action without prejudice without further notice. See LR 41.1, SDGa.

ORDER ENTERED.

Source:  Leagle

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