Taylor v. C6 Disposal Systems, Inc.

Western District of Texas, txwd-5:2019-cv-00347

MOTION for Entry of Default against Plaintiff by C6 DISPOSAL SYSTEMS, INC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CHARLES TAYLOR, § Individually and on behalf of all § others similarly situated § § PLAINTIFF, § § v. § CIV. ACTION NO. 5:19-CV-00347- ESC § C6 DISPOSAL SYSTEMS, INC., § DEFENDANT. § § DEFENDANT'S MOTION FOR ENTRY OF DEFAULT AGAINST PLAINTIFF CHARLES TAYLOR TO THE HONORABLE U.S. MAGISTRATE JUDGE ELIZABETH S. CHESTNEY: Plaintiff, Charles Taylor, was properly served with Defendant C6 Disposal Systems, Inc.'s Original Answer and Counterclaim (Doc. 5) on May 2, 2019, by and through his attorney of record, Clif Alexander. Said Plaintiff is not a minor or an incompetent person and is not currently in military service. See Status Report Pursuant to Servicemembers Civil Relief Act, attached as Ex. A and incorporated herein by reference. Said Plaintiff has not filed a responsive pleading or otherwise defended against the Counterclaim. The time allowed said Defendant to file an answer or other responsive pleading to the Counterclaim expired on May 22, 2019. CERTIFICATE OF CONFERENCE Defendant's counsel has conferred with counsel for Plaintiff Charles Taylor, who opposes the relief sought in this Motion. 1 CERTIFICATE OF SERVICE I certify that on the 26th day of June, 2019 a true and correct copy of the above and foregoing was served on the following in the manner indicated: Clif Alexander Via CM/ECF clif@a2xlaw.com Lauren E. Braddy lauren@a2xlaw.com ANDERSON ALEXANDER, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 Attorneys for Plaintiff /s/ Charles Riley CHARLES RILEY 3