Keller v. Balance Recovery Network, Inc. - Document 6

Court Description:

SCHEDULING ORDER. Plaintiff is given until 4/1/2009 to obtain an entry of default and file a motion for default judgment, or take other appropriate action to prosecute the case. If appropriate action is not taken, the court will recommend that the case be dismissed without prejudice pursuant to NECivR 41.1 for failure to prosecute. Case Management Deadline set for 4/1/2009. Ordered by Magistrate Judge F. A. Gossett. (CLS, )

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IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA E L I Z A B E T H M. KELLER, P l a i n t i f f, vs. B A L A N C E RECOVERY NETWORK, I N C ., d/b/a Hartman & Associates, Inc., D efe n d a n t. ) ) ) ) ) ) ) ) ) ) 8 :0 9 C V 9 S C H E D U L I N G ORDER T h i s case is before the magistrate judge for full pretrial supervision. The court file s h o w s that the defendant was served with summons on January 13, 2009. Apparently, the d e f en d a n t has failed to timely answer or otherwise respond to the complaint. It remains p la in tif f 's duty to go forward in prosecuting the case by, for example, obtaining an entry of d e f a u lt and filing a motion for default judgment. IT THEREFORE IS ORDERED that plaintiff is given until April 1, 2009 to obtain a n entry of default and file a motion for default judgment, or take other appropriate action to prosecute the case. If appropriate action is not taken, I will recommend that the case be d is m is s e d without prejudice pursuant to NECivR 41.1 for failure to prosecute. D A T E D March 12, 2009. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge