PURPURA v. MONROE REGIONAL MEDICAL CENTER, 5:13-cv-331-Oc-22PRL. (2014)
Court: District Court, M.D. Florida
Number: infdco20140818a61
Visitors: 23
Filed: Aug. 15, 2014
Latest Update: Aug. 15, 2014
Summary: ORDER PHILIP R. LAMMENS, Magistrate Judge. This matter is before the court on Plaintiff's Request for Entry of Default. (Doc. 65). Plaintiff filed the instant Motion on July 29, 2014 because Defendant Donald Crowe, M.D. had not yet filed a responsive pleading to the Complaint. Rule 55(a) of the Federal Rules of Civil Procedure provides for the entry of a default "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend." The entry of defa
Summary: ORDER PHILIP R. LAMMENS, Magistrate Judge. This matter is before the court on Plaintiff's Request for Entry of Default. (Doc. 65). Plaintiff filed the instant Motion on July 29, 2014 because Defendant Donald Crowe, M.D. had not yet filed a responsive pleading to the Complaint. Rule 55(a) of the Federal Rules of Civil Procedure provides for the entry of a default "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend." The entry of defau..
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ORDER
PHILIP R. LAMMENS, Magistrate Judge.
This matter is before the court on Plaintiff's Request for Entry of Default. (Doc. 65). Plaintiff filed the instant Motion on July 29, 2014 because Defendant Donald Crowe, M.D. had not yet filed a responsive pleading to the Complaint.
Rule 55(a) of the Federal Rules of Civil Procedure provides for the entry of a default "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend." The entry of default is within the discretion of the Court. City of Jacksonville v. Arrigato, Inc., No. 3:10-cv-211-J-32MCR, 2010 WL 3069135, at *1 (M.D. Fla. Aug. 4, 2010). "Where a defendant appears and indicates a desire to contest an action, a court may exercise its discretion to refuse to enter default, in accordance with the policy of allowing cases to be tried on the merits." Marschauser v. Travelers Indem. Co., 145 F.R.D. 605, 610 (S.D. Fla. 1992). Here, a review of the docket shows that Defendant Crowe subsequently filed a motion to dismiss on August 6, 2014. (Doc. 70). Although this motion was untimely, Defendant Crowe is defending this action, and thus, Plaintiff's Request for Entry of Default (Doc. 65) is due to be DENIED.
DONE and ORDERED.
Source: Leagle
