Filed: Dec. 21, 2018
Latest Update: Dec. 21, 2018
Summary: MEMORANDUM AND ORDER SHIRLEY PADMORE MENSAH , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for Entry of Clerk's Default, (Doc. 8), Defendant's Response to that motion, (Doc. 9), and Plaintiff's Reply (Doc. 10). Plaintiff filed a motion for entry of clerk's default against Defendant Sapphire Bakery Company, LLC on December 14, 2018. On December 17, 2018, Defendant filed a response, in which they indicated that they had misunderstood the time allotted to answer t
Summary: MEMORANDUM AND ORDER SHIRLEY PADMORE MENSAH , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for Entry of Clerk's Default, (Doc. 8), Defendant's Response to that motion, (Doc. 9), and Plaintiff's Reply (Doc. 10). Plaintiff filed a motion for entry of clerk's default against Defendant Sapphire Bakery Company, LLC on December 14, 2018. On December 17, 2018, Defendant filed a response, in which they indicated that they had misunderstood the time allotted to answer th..
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MEMORANDUM AND ORDER
SHIRLEY PADMORE MENSAH, Magistrate Judge.
This matter is before the Court on Plaintiff's Motion for Entry of Clerk's Default, (Doc. 8), Defendant's Response to that motion, (Doc. 9), and Plaintiff's Reply (Doc. 10).
Plaintiff filed a motion for entry of clerk's default against Defendant Sapphire Bakery Company, LLC on December 14, 2018. On December 17, 2018, Defendant filed a response, in which they indicated that they had misunderstood the time allotted to answer the complaint, and requested permission to file their answer out of time. The Court will construe that request as a motion to file their answer out of time. On December 19, 2018, Plaintiff filed a reply to Defendant's response, in which they indicated a desire to withdraw their motion for entry of clerk's default. The Court will construe Plaintiff's request as a motion to withdraw their earlier motion for clerk's default. Plaintiff also stated in its reply that it consents to Defendant's request for leave to file its answer out of time.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's Reply to Document 9, which the Court is construing as a Motion to Withdraw its Motion for Entry of Clerk's Default (Doc. 10) is GRANTED. The Motion for Entry of Clerk's Default (Doc. 8) is hereby withdrawn and terminated.
IT IS FURTHER ORDERED that Defendant's request for permission to file their answer, which the Court is construing as a motion for leave to file its answer out of time (Doc. 9) is GRANTED. The Clerk is directed to detach Exhibit A to Document 9 and enter it as Defendant's answer to the complaint.