UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

ROBERT HOLLAND )

)

Plaintiff, )

)

v. ) Civil Case No. 2:13-CV-00491-RL-JEM

)

CEREBERUS CAPITAL )

MANAGEMENT, L.P., et al., )

)

Defendants. )

Cerberus Defendants’ Response In Opposition To Plaintiff’s Request For Clerk’s

Entry of Default Judgment And Plaintiff’s Request For Default

Cerberus Capital Management, LP, Robert Nardelli, and Stephen Feinberg

(“Cerberus Defendants”), by and through their counsel, respectfully submit the

following response to Plaintiff’s Request For Clerk’s Entry of Default Judgment

(Dkt No. 32) and Plaintiff’s Request For Default (Dkt No. 38) (collectively, “Requests

for Default”):

1. Plaintiff’s Requests for Default should be denied because they were

filed in bad faith and are without basis. 2. Counsel for Cerberus Defendants entered their appearance on June 17,

2014.

3. Responses to the Complaint by the Cerberus Defendants were due

June 17, 2014 (Dkt Nos. 6, 7 & 8).

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4. Cerberus Defendants timely filed their Motion to Dismiss Plaintiff’s

Verified Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and (b)(2)

on June 17, 2014 (Dkt No. 28).

5. Cerberus Defendants also timely filed their Memorandum of Law in

Support of Their Motion to Dismiss on June 17, 2014 (Dkt No. 29).

6. Plaintiff knew that the Cerberus Defendants timely responded to his

Complaint because he filed a motion to strike the Motion to Dismiss, which was

denied by the Court on June 20, 2014 (Dkt No. 40).

7. Additionally, Plaintiff filed a Motion for Extension of Time to File A

Response to the Motion to Dismiss on June 25, 2014 (Dkt No. 44).

8. This is a further indication, much like the Complaint itself, that the

Plaintiff’s efforts to prompt the entry of a default judgment against the Cerberus

Defendants was done in bad faith and with zero factual or legal basis.

9. Cerberus Defendants have timely pled or otherwise defended the

allegations against them in the Complaint, and therefore, there is no basis for entry

of default against the Cerberus Defendants. Fed. R. Civ. P. 55(a).

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For the reasons set forth above, Cerberus Defendants respectfully ask that

Plaintiff’s Requests for Default (Dkt Nos. 32 & 38) be denied.

Respectfully submitted,

s/ Mark D. Stuaan

Jason R. Barclay

Mark D. Stuaan

BARNES & THORNBURG LLP

11 South Meridian Street

Indianapolis, Indiana 46204

Telephone: 317/236-1313

Facsimile: 317/231-7433

E-Mail: jason.barclay@btlaw.com

E-Mail: mark.stuaan@btlaw.com

Howard O. Godnick (pro hac vice entered

6/26/14)

Joshua R. Schonauer (pro hac vice entered

6/26/14)

SCHULTE ROTH & ZABEL LLP

919 Third Avenue

New York, NY 10022

Tel. (212) 756-2000

Fax (212) 593-5955

Email: howard.godnick@srz.com

Email: joshua.schonauer@srz.com

Attorneys for Defendants Cerberus Capital

Management, L.P., Stephen Feinberg and

Robert Nardelli

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CERTIFICATE OF SERVICE

I hereby certify that on the 25th day of June, 2014, a copy of the foregoing

was filed electronically and has been served on all counsel of record by the Court’s

ECF filing system.

Additionally, a copy of the foregoing was sent to the following pro se Plaintiff

by depositing the same in the United States mail, first class, postage prepaid:

Robert Holland

1120 Baker Street

Gary, IN 46404

s/ Mark D. Stuaan

Mark D. Stuaan

INDS01 1462620v1

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