Free Order on Motion for Default Judgment - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Pending before the Court are: (1) Plaintiff Susan Hughes's Motion for Default 17 Judgment against PAL LLC (Doc. #47); (2) Plaintiff's Motion for Leave to File Amended 18 Complaint (Doc. #54); (3) Defendant PAL LLC's Motion to Dismiss (Doc. #53); and (4) 19 Plaintiff's Motion to Strike Defendant PAL LLC's Motion to Dismiss (Doc. #55). The Court 20 now rules as follows. 21 With respect to Plaintiff's Motion to Amend, Defendants have not filed any objection. 22 Accordingly, the Court will grant Plaintiff leave to file her Amended Complaint. 23 As to Defendant PAL LLC's Motion to Dismiss, because the Motion is targeted at 24 25 Finally, with respect to Plaintiff's Motion for Default Judgment, because Plaintiff is 26 filing an Amended Complaint, and because PAL LLC has now appeared in the action by 27 28
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) PAL LLC; Ardys O'Brien; Paul Hallowell;) ) Laura Hallowell, ) ) Defendants. ) ) Susan Hughes,

No. CV-03-2560-PHX-JAT ORDER

Plaintiff's original Complaint, the Court will deny the Motion as moot.1

Accordingly, the Court will deny Plaintiff's Motion to Strike as moot.
Document 56 Filed 07/15/2005 Page 1 of 3

Case 2:03-cv-02560-JAT

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filing a Motion to Dismiss, the Court will deny Plaintiff's Motion. Further, the Court will vacate the default entered against PAL LLC on August 25, 2004 (Doc. #22). Should PAL LLC fail to timely respond to the Amended Complaint, Plaintiff may apply for default and move for default judgment at that time. Accordingly, IT IS ORDERED that Plaintiff's Motion for Leave to File Amended Complaint (Doc. #54) is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall serve all Defendants with a copy of the Amended Complaint within 10 days of the filing date of this Order in accordance with Local Rule of Civil Procedure 15.1(a)(3). IT IS FURTHER ORDERED that, in light of Plaintiff filing an Amended Complaint and PAL LLC's appearance in this matter, the default entered against Defendant PAL LLC on August 25, 2004 (Doc. #22) is VACATED. IT IS FURTHER ORDERED that Plaintiff's Motion for Default Judgment Against PAL LLC (Doc. #47) is DENIED AS MOOT. IT IS FURTHER ORDERED that Defendant PAL LLC's Motion to Dismiss (Doc. #53) is DENIED AS MOOT. IT IS FURTHER ORDERED that Plaintiff's Motion to Strike Defendant PAL LLC's Motion to Dismiss (Doc. #55) is DENIED AS MOOT. IT IS FURTHER ORDERED that Plaintiff shall serve the newly-added Defendant, Oasis Plant Rentals, with a copy of the Rule 16 Scheduling Order issued on May 3, 2005 (Doc. #49). IT IS FURTHER ORDERED that all deadlines in the Rule 16 Scheduling Order issued on May 3, 2005, shall remain unchanged and shall be binding on Oasis Plant Rentals.

Accordingly, Plaintiff shall also serve Oasis Plan Rentals with a copy of this Order. -2Case 2:03-cv-02560-JAT Document 56 Filed 07/15/2005 Page 2 of 3

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DATED this 14th day of July, 2005.