Free Motion for Default Entry 55(a) - District Court of Connecticut - Connecticut

Case 3:00-cv-00894-JCH Document 29 Filed 12/10/2003 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
BAY VIEW COMMERCIAL :
LEASING, INC. : Civii Action No.
: 3:00CV894(J CH)
v. :
PATRICK GLENN, MICHAEL
GLENN, and RONALD R. SCHUELER : DECEMBER 8, 2003
MOTION FOR DEFAULT FOR FAILURE TO APPEAR
AND TO DISMISS MOTION TO VACATE JUDGMENT
Undersigned counsel of record for Plaintiff Bay View Commercial Leasing, Inc. ("Bay
View") in the above-captioned action hereby rnoves for an order: (i) defaulting Defendant Ronald
Schueler ("Defendant Schueler") for his failure to appear and (ii) dismissing Defendant Schueierhs
Motion to Vacate Judgment dated August 12, 2003. In support of this motion, the undersigned
represents as follows:
I. On October 16, 2003, this Court (Hall, J) entered an Order to Show Cause ordering
Defendant Schueler to tile a pro se appearance or another attorney to file an appearance by
December l, 2003. The Court further ordered that Defendant Schueler‘s failure to do so would
likely resuit in the denial of Defendant Schueler's Motion to Vacate Judgment dated August 12,
2003.
2. On November ll, 2003, this Cou1t(Hal1, J) granted Day, Berry & Howards Motion to
Withdraw Appearance on behalf of Defendant Schueler. Further, the Court ordered Defendant
Schueler to file an appearance pro se or by an attorney no later than November 24, 2003 and his
19114.001/34721lll 1

Case 3:00-cv-00894-JCH Document 29 Filed 12/10/2003 Page 2 ot 3
failure to do so would result in a dismissal upon a motion for default being tiled.
3. As of this date, Defendant Schueler has failed to tile a pro se appearance or cause an
appearance to be tiled by an attorney on behalf of Defendant Schueler.
4. Bay View requests that this Court enter an order defaulting Defendant Schueler for his
failure to appear and denying Defendant Schueler's Motion to Vacate Judgment.
5. By Order dated November 4, 2003, this Court granted an extension of time until
December l9, 2003 for Bay View to respond to Defendants Motion to Vacate Judgment. In the
event that the Court does not grant the relief requested in this Motion, Bay View requests an
additional thirty (30) days to respond on the merits of Defendant Schueler's Motion to Vacate
Judgment.
WHEREFORE, it is respectfully requested that this Court default Defendant Ranald
Schueler for his failure to appear and dismiss Defendant Schuelefs Motion to Vacate Judgment
dated August 12, 2003.
PLAINTIFF
BAY VIEW COMMERCIAL LEASING, INC.
By { ’/-fb {
Dominic Falco IH (ct06·494)
Reid and Riege, P.C.
One Financial Plaza
Hartford, CT 06103
(S60) 278-1 I 50
wi l4.0f}I/347211.1
2

Case 3:00-cv-00894-JCH Document 29 Filed 12/10/2003 Page 3 of 3
CERTIFICATION OF SERVICE
This is to certify that a copy ofthe foregoing was mailed via first class mail, postage
prepaid on this Sth day of December, 2003:
Ronald R. Schueler
320l Camino Sin Nombre
Paradise Valley, AZ 85253
with a courtesy copy to norhappearing counsel for Ronald Schueler;
Scott R. Kapp, Esq.
Arnstein & Lehr
120 South Riverside Plaza
Suite 1200 A __
Chicago, IL 60606-3910 it ·~».._
, g x mlm
Q;/it ge, gi &£~l.»»i.a...s
"Dommic Fuldo HI
isi iiluoieiizi 1.1
3