Free Request for Default - District Court of Delaware - Delaware

Case 1 :07-cv-00518-GMS Document 8 Filed 10/17/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE WAY INTERNATIONAL, )
Plaintiff g
v. l C.A. No. 07—5l8—GMS
CARL A. TURNER, Sr. and THE WAY )
MINlSTRlES, INC., )
Defendants. g
MOTION F OR ENTRY OF DEFAULT
To The Clerk of Court: I
Pursuant to Federal Rule of Civil Procedure 55(a), The Way International ("Plaintiff")
moves for entry of default against Defendants Carl A. Turner, Sr. and The Way Ministries, Inc.
("Defendants") for failure to answer or otherwise plead in response to the Complaint. In support
of this Motion, Plaintiff state as follows:
1. Plaintiff commenced this action on August 24, 2007, by filing a Complaint
against Defendants, through which Plaintiff seek affirmative relief
2. Defendant Carl A Turner, Sr. was served with a Summons and a copy ofthe
Complaint by a process server on August 24, 2007. A copy ofthe Return of Service was tiled on
August 27, 2007 (D.I. 5).
3. Defendant The Way Ministries, inc. was served with a Sumnions and a copy of
the Complaint by a process server on August 29, 2007. A copy of the Return of Service was
filed on August 30, 2007 (Di. 6).

Case 1 :07-cv-00518-GMS Document 8 Filed 10/17/2007 Page 2 of 4
4. Pursuant to Federal Rule of Civil Procedure l2(a)(l)(A), Defendant Carl I
Turner, Sr. was required to serve an answer or otherwise plead to the Complaint on or before
September I3, 2007.
- 5. Pursuant to Federal Rule of Civil Procedure l2(a)(l)(A), Defendant The Way _
Ministries, lnc. was required to serve an answer or otherwise plead to the Complaint on or before
September 18, 2007.
6. Neither Defendant served an answer or otherwise plead to the Complaint before
their respective September dates. On October 2, 2007, Plaintiff sent Defendants a letter advising E
them that Plaintiff would move for default if the Defendants did not answer or otherwise plead to
the Complaint by the close of business on October l2, 2007.
7. To date, Defendants have not served an answer or any other responsive pleading `
to the Complaint, nor has any counsel of record made an appearance on its behalf.
8. Federal Rule of Civil Procedure 55(a) provides that "[w]hen a party against whom `
a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by
these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the i
party’s default? Z
I 2

Case 1 :07-cv-00518-GMS Document 8 Filed 10/17/2007 Page 3 of 4 `
WHEREFORE, Plaintiff respectfully requests that default be entered against Defendants.
Respeetfhlly submitted,
POTTER ANDERSON & CORROON LLP
OF COUNSEL: By: /s/ Kenneth L. Dersney
Richard L. Horwitz (#2246)
Louis A. Colombo Kenneth L. Dorsney (#3 726) Q
Brandt W. Gebhardt Hercules Plaza, 6th Floor Q
BAKER & HOSTETLER LLP 1313 N. Market Street ;
3200 National City Center P. O. Box 951
1900 East 9th Street Wilmington, DE l9899—095l
Cleveland, Ohio 44114 Tel: (302) 9846000 ,
Tel: (216) 621—0200 rhorwitz@,]_gotteranderson.com
[email protected]
Dated: October 17, 2007
825728 f' 32l39 Attorneys for Plainz‘yj"The Way International
3
1.532000 9628959}

Case 1:07-cv-00518-Gl\/IS Document 8 Filed 10/17/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT Q
FOR THE DISTRICT OF DELAWARE ¤
CERTIFICATE OF SERVICE
I, Kenneth L. Dorsney, hereby certify that on October I7, 2007, a copy of the foregoing
document was served upon Defendants by U.S. First Class Certified Mail (return receipt
requested) at the following addresses of record and was electronically filed with the Clerk of the
Court using CM/ECF:
VIA FIRST CLASS MAIL
Carl A. Turner, Sr. The Way Ministries, Inc.
1 Yorkshire Court c/o Carl A. Tumer, Sr.
Bear, DE 19701 I Yorkshire Court
Bear, DE t9701
/.9/ Kenneth L. Dorsrzey
Richard L. Horwitz
Kenneth L. Dorsney
Potter Anderson & Corroon LLP
Hercules Plaza — Sixth Floor
1313 North Market Street
P.O. Box 951
Wilmington, DE 19899-0951
(302) 984-6000
rhorwitz otterandersoncorn
kdorsne otteranderson.com
826191 /32139 (

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