Smith v. Donaher et al, No. 6:2012cv06035 - Document 27 (W.D.N.Y. 2012)

Court Description: DECISION AND ORDER denying 15 Motion for Default Judgment. IT IS FURTHER ORDERED, that Defendant Beilein provide the Court, not later than November 1, 2012, with evidenced showing that his motion to dismiss, which he filed on August 3, 2012, was timely, and it is further ORDERED, that defendant Beilein's failure to provide the Court with evidence that his motion to dismiss was timely may result in an entry of a default.Signed by Hon. Charles J. Siragusa on 10/19/12. (KAP)