DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
MOUNT EAGLE PROPERTIES, LLC,
5
NORTHSTAR INVESTMENTS, LLC, US
5
VIKING, LLC, WILLIAM V. NEVILLE, III,
5
1:09-cv-71
CONNIE J. NEVILLE, WILLIAM V.
5
NEVILLE, IV, and ELIZABETH L. NEVILLE, 5
5
Plaintiffs,
5
v.
5
5
INTERNAL REVENUE SERVICE,
5
5
Defendant.
5
__________________________________________5
TO:
David Marshall Nissman, Esq.
Angela P. Tyson-Floyd, Esq., AUSA
ORDER DENYING PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT
THIS MATTER is before the Court upon Plaintiffs’ Request For Entry of Default
(Docket No. 5).  Defendant has filed an opposition to the said motion.  This order is issued
without necessity of reply.
As Defendant correctly states, Defendant, as an agency of the United States, has
sixty (60) days within which to answer or otherwise respond to a complaint, pursuant to
Fed. R. Civ. P. 12(a).  According to Plaintiffs’ motion, the complaint in this matter was
served via express mail on October 2, 2009, and the said request for entry of default was
Case: 1:09-cv-00071-TJS   Document #: 8   Filed: 11/05/09   Page 1 of 2
Mount Eagle Properties, LLC v. Internal Revenue Service
1:09-cv-71
Order Denying Plaintiffs’ Request For Entry of Default
Page 2
filed on November 3, 2009.  Clearly, Defendant’s time to answer has not yet elapsed, and
Plaintiffs’ request is premature.
Accordingly, it is now hereby ORDERED that Plaintiffs’ Request For Entry of
Default (Docket No. 5) is DENIED.
ENTER:
Dated: November 5, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:09-cv-00071-TJS   Document #: 8   Filed: 11/05/09   Page 2 of 2