Farr v. GSV Care Medical Clinic, LLC, 1:16-CV-42-SA-DAS. (2018)
Court: District Court, N.D. Mississippi
Number: infdco20180213836
Visitors: 13
Filed: Feb. 12, 2018
Latest Update: Feb. 12, 2018
Summary: ORDER SHARION AYCOCK , District Judge . Now before the Court is the Defendants' renewed Motion to Set Aside [26] a default and default judgment in this case. The Court previously denied the Defendants' request without prejudice because they failed to provide evidence of their asserted excuse, primarily that they were misled by previous counsel. The Defendants have now cured that lack of evidentiary support by attaching a sworn affidavit from Defendant Griffin detailing the way that her form
Summary: ORDER SHARION AYCOCK , District Judge . Now before the Court is the Defendants' renewed Motion to Set Aside [26] a default and default judgment in this case. The Court previously denied the Defendants' request without prejudice because they failed to provide evidence of their asserted excuse, primarily that they were misled by previous counsel. The Defendants have now cured that lack of evidentiary support by attaching a sworn affidavit from Defendant Griffin detailing the way that her forme..
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ORDER
SHARION AYCOCK, District Judge.
Now before the Court is the Defendants' renewed Motion to Set Aside [26] a default and default judgment in this case. The Court previously denied the Defendants' request without prejudice because they failed to provide evidence of their asserted excuse, primarily that they were misled by previous counsel. The Defendants have now cured that lack of evidentiary support by attaching a sworn affidavit from Defendant Griffin detailing the way that her former counsel misled her as to the posture of this case and his efforts to defend it on her and the Clinic's behalf.
The Plaintiff did not file any timely response, but instead filed an out of time Motion to Quash [31]. The Plaintiff's motion does not provide any evidence to rebut the Defendants' excuse.
The Court finds that the Defendants' neglect was excusable, and that they have a presented a potentially meritorious defense to the Plaintiff's claims. For these reasons, the Defendants' Motion to Set Aside [26] the Default Judgment is GRANTED. The Default and Default Judgment previously entered in this case are SET ASIDE, and this case is REOPENED. The Plaintiff's Motion to Quash [31] is DENIED. The Defendants have 30 days from the entry of this Order to file an answer or otherwise defend this case.
SO ORDERED.
Source: Leagle
