Free Order on Motion for Entry of Default - District Court of Delaware - Delaware

Case 1:07-cv-00763-GMS

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Filed 01/15/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

JAMES COPPEDGE ON BEHALF OF COPPEDGE REAL ESTATE, LLC, Plaintiff, v. GERALD D. LEATHERMAN, ESQUIRE, DEPUTY CITY SOLICITOR, CITY OF PHILADELPHIA, PENNSYLVANIA LAW DEPARTMENT, Defendant.

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C. A. No. 07-763-***

ORDER At Wilmington this 15th day of January, 2008. Plaintiff filed a motion for default judgment allegedly because defendant failed to timely respond to the complaint within the twenty day period. Plaintiff's motion was filed on January 8, 2008 (D.I. 11). According to the record in this matter, defendant was served with the complaint on December 10, 2007 which, under Federal Rule Civil Procedure ("FRCP") 12, made his responsive pleading due on December 30, 2007. That day was a Sunday. Under the Federal Rules, when the last day of the period of time under a Rule ends on a Saturday, Sunday or holiday, it is not computed in the time period. See FRCP 6. During the two days following the due date for the filing of a responsive pleading, that is, December 31 and January 1, 2008, the Court was closed for the New Year's holiday. As a result, defendant's response was due on January 2, 2008. On January 2, 2008,

Case 1:07-cv-00763-GMS

Document 16

Filed 01/15/2008

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defendant filed motions to dismiss for lack of subject matter and personal jurisdiction, improper venue and for failure to state a claim. Such motions are considered responsive pleadings. See FRCP 12. Therefore, IT IS ORDERED that plaintiff's motion for default (D.I. 11) is DENIED.

/s/ Mary Pat Thynge UNITED STATES MAGISTRATE JUDGE