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Act 17: Taubman Requests a Default Judgment

A new personal record: I've now had two motions filed against me on the same day!

Yes, it's true: On the same day (October 15, 2001) that she asked the Court to order me to remove this website, Ms. Greenberg filed a "Request To Enter Default," basically saying that I had run out of time to respond to her original Complaint, so the Court should uphold her complaint without bothering to waste its time on trivialities (such as considering the evidence).

This was more than a little disconcerting to me, as (1) I hadn't even realized that a Complaint required a Response; (2) the Complaint appears to be a demand for a jury trial, something with which I heartily concur – and since I was in agreement with their demand, I saw no reason to respond; and (3) I would have thought that my ridiculously long response to their first motion for a preliminary injunction would have been an ample response to their Complaint. But as I'm learning, logic and legal procedure don't necessary travel down the same roads.

Anyway, here's Ms. Greenberg's "Request," followed by her "Declaration."

(Note: I have not included the attachments to this request, nor have I included a text version of the "Certificate of Service.")

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THE TAUBMAN COMPANY LIMITED
PARTNERSHIP, Plaintiff,

v. WEBFEATS and HENRY MISHKOFF,
Defendants.

Civil Action No. 01-72987
Honorable Lawrence P. Zatkoff
Magistrate Judge Komives

REQUEST TO ENTER DEFAULT

TO: CLERK OF THE COURT

Plaintiff The Taubman Company Limited Partnership hereby requests that the clerk of the above-entitled Court enter default in this matter against Defendants Webfeats and Henry Mishkoff on the grounds that no answer to the Complaint has been filed within the time prescribed by the Federal Rules of Civil Procedure, nor has any extension thereof been requested or granted.

Plaintiff served the Complaint on Defendants Webfeats and Henry Mishkoff by serving a copy of the complaint on Henry Mishkoff on August 7, 2001, and Mr. Mishkoff accepted the copy of complaint as service in a telephone conversation on September 5, 2001 as evidenced by the Affidavit of Service on file with this Court. By any means of the due date for filing an answer, such answer is overdue, and Defendants are in default.

Defendants' brief opposing the entry of preliminary injunction makes no attempt to answer the Complaint.

The above-stated facts are set forth in the accompanying Declaration of Julie A. Greenberg, filed herewith as Exhibit A.

Respectfully submitted,

Julie A. Greenberg (P38299)
GIFFORD, KRASS, GROH, SPRINKLE,
ANDERSON & CITKOWSKI, P.C.
280 N. Old Woodward Avenue, Suite 400
Birmingham, MI 48009
248/647-6000

Attorneys for Plaintiff

View the Original Request (in a separate window)