Free Order on Motion to Strike - District Court of Delaware - Delaware

Case 1:04-cv-00931-GMS

Document 11

Filed 09/20/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DARRYL K. FOUNTAIN, Pro Se Plaintiff, v. CHASE MANHATTAN BANK, et al. Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 04-931 (GMS)

ORDER WHEREAS plaintiff Darryl K. Fountain filed the above-captioned action on August 10, 2004 (D.I. 1); WHEREAS the defendants failed to file an answer to the complaint until January 3, 2005 (D.I. 5); WHEREAS Fountain filed a motion to strike the defendants' answer (D.I. 6) and a motion for default (D.I. 7) on January 6, 2005; WHEREAS the defendants allege that the delay was precipitated by problems with service (D.I. 9, 10); WHEREAS Fountain has not contested the defendants' allegations in that regard; and WHEREAS the court has discretion to enlarge the time frame in which responsive pleadings are to be filed, pursuant to Fed. R. Civ. P. 6(b). IT IS HEREBY ORDERED THAT: 1. 2. Fountain's motion to strike (D.I. 6) be DENIED; and Fountain's motion for default (D.I. 7) be DENIED.

Dated: September 20, 2005

/s/ Gregory M. Sleet UNITED STATES DISTRICT JUDGE