HORSEFIELD v. TAYLOR BEAN & WHITAKER MORTGAGE CORP., 5:12-CV-288-Oc-32PRL. (2012)
Court: District Court, M.D. Florida
Number: infdco20120723519
Visitors: 2
Filed: Jul. 20, 2012
Latest Update: Jul. 20, 2012
Summary: ORDER PHILIP R. LAMMENS, Magistrate Judge. Pending before the Court is the pro se Plaintiffs' Motion for Default Judgment Against Defendant Taylor Bean & Whitaker Mortgage Corporation. (Doc.10). Pursuant to Rule 55(a), Fed.R.Civ.P, "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default." Here, Plaintiffs served Defendant Taylor Bean & Whitake
Summary: ORDER PHILIP R. LAMMENS, Magistrate Judge. Pending before the Court is the pro se Plaintiffs' Motion for Default Judgment Against Defendant Taylor Bean & Whitaker Mortgage Corporation. (Doc.10). Pursuant to Rule 55(a), Fed.R.Civ.P, "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default." Here, Plaintiffs served Defendant Taylor Bean & Whitaker..
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ORDER
PHILIP R. LAMMENS, Magistrate Judge.
Pending before the Court is the pro se Plaintiffs' Motion for Default Judgment Against Defendant Taylor Bean & Whitaker Mortgage Corporation. (Doc.10). Pursuant to Rule 55(a), Fed.R.Civ.P, "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default."
Here, Plaintiffs served Defendant Taylor Bean & Whitaker Mortgage Corporation on June 25, 2012. (Doc. 6). On July 19, 2012, Plaintiffs filed the instant Motion contending that Defendant had not yet filed a responsive pleading to the Complaint. However, a review of the docket shows that Defendant filed a motion to dismiss on July 16, 2012. (Doc. 7). Accordingly, Plaintiffs' Motion for Default Judgment Against Defendant Taylor Bean & Whitaker Mortgage Corporation (Doc. 10) is DENIED.
DONE and ORDERED.
Source: Leagle
