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- ncmd;;1:16-cv-01143_de41 RegisterActionDate "2018-01-03" @default.
- ncmd;;1:16-cv-01143_de41 RegisterActionDescriptionText "TEXT ORDER (A) granting 28 Request for Entry of Default; (B) striking 5 Answer and 8 Answer and Counterclaim, pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(iii); and (C) directing the Clerk to enter a default as to Defendants under Federal Rule of Civil Procedure 55(a). Defendants did not timely respond to 28 Request. As a result, pursuant to Local Rule 7.3(k), the Court treats 28 Request as unopposed and generally subject to granting as a matter of course. The Court finds no reason to depart from that general rule in this instance, but rather finds good cause for the requested relief. Most notably, in 25 Order, the Court granted 18 Motion to Compel Discovery Production and for Costs Incurred and ordered Defendants to serve full and complete responses to Plaintiff's discovery requests by 11/10/2017. Via [28-1] Declaration, Plaintiff has shown that Defendants did not provide discovery as ordered. Under Federal Rule of Civil Procedure 37(b)(2)(A), "[i]f a party... fails to obey an order to provide or permit discovery..., the court where the action is pending may issue further just orders. They may include:... (iii) striking pleadings in whole or in part...." Given the circumstances of this case, including not only Defendants' noncompliance with 25 Order, but also the prior statement in 16 Attorney Kevin Bradley Cartledge's Motion to Withdraw on behalf of Defendants that Defendants did not "inten[d] to defend this matter further," the striking of 5 Answer and 8 Answer and Counterclaim, followed by entry of default under Federal Rule of Civil Procedure 55(a), represents a just order under Federal Rule of Civil Procedure 37(b)(2)(A). Issued by MAG/JUDGE L. PATRICK AULD on 01/03/2018. (AULD, L.) (Entered: 01/03/2018)" @default.
- ncmd;;1:16-cv-01143_de41 AdministrativeID "None" @default.
- ncmd;;1:16-cv-01143_de41 hasJudgeReference SJ004076 @default.
- ncmd;;1:16-cv-01143_de41 hasReferenceToOtherEntry ncmd;;1:16-cv-01143_de22 @default.
- ncmd;;1:16-cv-01143_de41 hasReferenceToOtherEntry ncmd;;1:16-cv-01143_de26 @default.
- ncmd;;1:16-cv-01143_de41 hasReferenceToOtherEntry ncmd;;1:16-cv-01143_de34 @default.
- ncmd;;1:16-cv-01143_de41 hasReferenceToOtherEntry ncmd;;1:16-cv-01143_de39 @default.
- ncmd;;1:16-cv-01143_de41 hasReferenceToOtherEntry ncmd;;1:16-cv-01143_de6 @default.
- ncmd;;1:16-cv-01143_de41 hasReferenceToOtherEntry ncmd;;1:16-cv-01143_de9 @default.