Krach v. Holcomb, No. 1:2020cv00313 - Document 13 (N.D. Ind. 2020)
Court Description: OPINION AND ORDER denying 9 Motion for Default Judgment. Signed by Judge Holly A Brady on 11/12/2020. (Copy mailed to pro se party)(jat)
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Krach v. Holcomb Doc. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION REGINA KRACH, ) ) ) ) ) ) ) ) ) Plaintiff, v. ERIC J. HOLCOMB, Defendant. Cause No. 1:20-CV-313-HAB OPINION AND ORDER Now before the Court is Plaintiff’s Request for Judgment (ECF No. 9). Based on the documents attached to the Request, it appears that Plaintiff completed service on Defendant on October 16, 2020, when the Indiana Attorney General was served. (See ECF No. 9-3 at 2; Indiana Trial Rule 4.6(A)(3)). Pursuant to Federal Rule of Civil Procedure 12(a)(1)(A)(i), Defendant’s answer or other responsive pleading was due on November 6, 2020. Defendant entered his appearance, by counsel, on November 6, 2020, and filed a motion under Fed. R. Civ. P. 12(e) and (f). (ECF No. 11). Defendant’s appearance and filing satisfied his duties under the Rules and altered the deadline for his answer. See Fed. R. Civ. P. 12(a)(4). Accordingly, since Plaintiff has not shown that Defendant has failed to “plead or otherwise defend,” Fed. R. Civ. P. 55(a), she is not entitled to an entry of default, and the Request for Judgment (ECF No. 9) is DENIED. SO ORDERED on November 12, 2020. s/ Holly A. Brady JUDGE HOLLY A. BRADY UNITED STATES DISTRICT COURT Dockets.Justia.com
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