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Donald Wallace v. Gary J Marquis

January 6, 2012

DONALD WALLACE, PLAINTIFF,
v.
GARY J MARQUIS, TRI-COUNTY RENTALS & SALES INC, DEFENDANTS.



The opinion of the court was delivered by: Gary R. Jones United States Magistrate Judge

ORDER

This matter is before the Court on Doc. 10, Motion to Strike Application for Clerk's Entry of Default by Gary J. Marquis and Tri-County Rentals & Sales, Inc. While the defendant's motion to alter scheduling order stated that "[t]he scheduling order shall stay the filing of a responsive pleading to the Complaint pending the settlement conference by the attorneys," neither the proposed nor adopted scheduling orders addressed the filing of a responsive pleading. The Court intended that the scheduling order stay the filing of a responsive pleading to the Complaint pending the outcome of the settlement conference.

Accordingly, it is now ORDERED as follows:

1. Defendants' motion to strike application for clerk's entry of default, doc. 10, is GRANTED.

2. The filing of a responsive pleading is STAYED nunc pro tunc, pending the outcome of the settlement conference.

20120106

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