In the case "Raising Cane's USA, LLC et al v. Twins Chicken Inc", Plaintiff delivers a summons and Defendant appears to never reply. After 3 months, Plaintiff voluntarily withdraws their case instead of pursing the default judgement after 21 days of non-response per FRCP 12(a)(1).

I'm not a lawyer so these might be naive questions:

  1. Why didn't the court automatically issue a default judgement after 21 days? Does the plaintiff need to actively pursue it?
  2. Would the case history look like this if the parties settled? I would've expected some public record indication of this.
  3. Practically speaking, why might the plaintiff withdraw their case after receiving no response?

History of: 2:15-cv-01298-JLR enter image description here

1 Answer 1


Rules of the court

  1. Default judgment is not automatic. The party wanting default has to ask for it.
  2. Voluntary Dismissal indicates that the suing party either settled or for some other reason no longer wishes or isn't able to pursue the case anymore.
  3. This is speculative, but the three most common reasons are settling, realizing that the return on investment is bad, or realizing a mistake of fact that would sink the case if it came to trial.

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