Free Motion for Entry of Default - District Court of Federal Claims - federal

Case 1:87-cv-00435-EGB

Document 24

Filed 03/31/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

GATEWAY LUMBER CO., et al. (Gateway Lumber Co.), Plaintiffs, v. THE UNITED STATES, Defendant.

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Consolidated under lead case No. 87-435C (No. 87-435C) (Judge Bruggink)

DEFENDANT'S MOTION FOR THE ENTRY OF A DEFAULT IN GATEWAY LUMBER CO. v. UNITED STATES, NO. 87-435C Pursuant to Rule 55(a), the United States respectfully requests that the Clerk enter a default against the plaintiff in this case, Gateway Lumber Company ("Gateway"). The entry of default is appropriate for the following reasons. Gateway is a party against whom affirmative relief is sought as the United States has asserted a counterclaim against Gateway. Further, the United States, in December 2005, moved for partial summary judgment on its counterclaim. Gateway, having been granted two extensions of time, has failed to respond to our summary judgment motion.1 Thus, Gateway has "failed to plead or otherwise defend" within the meaning of Rule 55(a). For the foregoing reasons, the United States respectfully requests that the Clerk enter a default against plaintiff Gateway Lumber Company pursuant to Rule 55(a).

Gateway's response, after its second extension of time, was due by March 15, 2006. See the Court's February 15, 2006 Order. -1-

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Case 1:87-cv-00435-EGB

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General J. CHRISTOPHER KOHN Director

s/John W. Showalter JOHN W. SHOWALTER Assistant Director

s/Richard P. Nockett RICHARD P. NOCKETT Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. (8th Floor) Washington, D.C. 20530 Tele: (202) 307-1134 Fax: (202) 307-0494 Attorneys for Defendant Dated: March 31, 2006

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Case 1:87-cv-00435-EGB

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Filed 03/31/2006

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 31 day of March 2006 I caused

copies of the foregoing "DEFENDANT'S MOTION FOR THE ENTRY OF DEFAULT IN GATEWAY LUMBER CO. v. UNITED STATES, No. 87-435C" to be served upon the following individuals through the Court's CM/ECF filing system. We are also serving a courtesy copy by facsimile .

DENNIS J. DUNPHY, Esq. Schwabe, Williamson & Wyatt 1420 Fifth Avenue, Suite 3010 Seattle, Washington 98101-2393

s/Richard P. Nockett

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