Hernandez v. Global Prisoner Services, LLC D/b/a Texas Prisoner Transportation Services

Western District of Texas, txwd-5:2019-cv-00374

ATTACHMENT Order to [45] Deficiency Notice, [16] Clerk's Entry of Default by Global Prisoner Services, LLC.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DISTRICT AMANDA HERNANDEZ, individually and) on behalf of All Others Similarly Situated,))) Plaintiff,)) No.: 5:19-cv-00374-FB v.)) GLOBAL PRISONER SERVICES, LLC) d/b/a TEXAS PRISONER) TRANSPORTATION SERVICES, PTS OF)) AMERICA, LLC, and RYAN WHITTEN,)) Defendants.)) [PROPOSED] ORDER ON DEFENDANT GLOBAL PRISONER SERVICES, LLC MOTION TO SET ASIDE THE CLERK'S ENTRY OF DEFAULT UNDER FED. R. CIV. P. 55 (c) Before the Court is Global Prisoner Services, LLC' Motion to Set Aside default under Fed. R. Civ. P. 55, as well as its Motion to Dismiss under Fed. R. Civ. P.12(b)(6) and 12(b)(3). The motion to dismiss under Fed. R. Civ. P. 12(b)(6) and 12(b)(3) will be addressed by separate order. However, having considered the record, and the lack of opposition from the other parties, the Court hereby grants Global Prisoner Services, LLC's Motion to Set Aside the Clerk's Entry of Default under Rule 55(c). Accordingly, Docket Entry No. 16, which is the Clerk's Entry of Default, is hereby set aside. It is so ORDERED this ___ day of ____________, 2019. Richard B. Farrer U.S. MAGISTRATE JUDGE 1 CERTIFICATE OF SERVICE I do hereby certify that a true and exact copy of the foregoing has been served by the PACER/ECF system on this ____ day of _____________, 2019 upon the following: Melissa Moore (24013189) Mary E. Buckley (24101571) Curt Hesse (24065414) Gregory J. Northen, (Ark Bar #20111891) Moore & Associates Cross, Gunter, Witherspoon & Galchus, PC Lyric Centre 500 President Clinton Avenue, Suite 200 440 Louisiana Street, Suite 675 Little Rock, AR 72201 Houston, TX 77002 /S/ Sean C. Wlodarczyk__________ Sean C. Wlodarczyk 2