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

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

ORDER - the Court ORDERS that plaintiff move for default judgment against defendant in accordance with Local Rule 55 on or before September 27, 2019. Failure to do so will result in the Courts dismissal of plaintiffs claims without prejudice. Signed by Judge Fred Biery.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION AMANDA HERNANDEZ,) Individually and on Behalf of all) Others Similarly Situated,)) Plaintiff,)) V.) CIVIL ACTION NO. SA-19-CA-374-FB) GLOBAL PRISONER SERVICES, LLC) d/b/a Texas Prisoner Transportation) Services,)) Defendant.) ORDER DIRECTING PLAINTIFF TO MOVE FOR DEFAULT JUDGMENT Before the Court is the status of the above-styled and numbered cause. Plaintiff filed this case against defendant on April 10, 2019. (Docket no. 1). On August 13, 2019, in response to an Order to Show Cause (docket no. 9) why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m) and/or failure to prosecute, plaintiff informed the Court that defendant has "been properly served and is in default." (Docket no. 11 at page 4). On August 21, 2019, in response to an Order for Status Report (docket no. 12) regarding her intent to move for default or otherwise explain how she intends to proceed in this case, plaintiff moved for entry of default. (Docket no. 15). The Clerk made the entry of default on August 21, 2019. (Docket no. 16). However, no action has been taken by plaintiff to move for default judgment. Pursuant to Local Rule CV-55: If a defendant is in default, the court may require the plaintiff to move for entry of a default and a default judgment. If the plaintiff fails to do so within the prescribed time, the court may dismiss the action, without prejudice, as to that defendant. W.D. TEX. LOC. R. CV-55. Accordingly, the Court ORDERS that plaintiff move for default judgment against defendant in accordance with Local Rule 55 on or before September 27, 2019. Failure to do so will result in the Court's dismissal of plaintiff's claims without prejudice. It is so ORDERED. SIGNED this 13th day of September, 2019. _________________________________________________ FRED BIERY UNITED STATES DISTRICT JUDGE -2-