Filed: Nov. 27, 2018
Latest Update: Nov. 27, 2018
Summary: ORDER THOMAS B. SMITH , Magistrate Judge . This matter comes before the Court on the parties' Stipulation for Relief From Default and Extension of Time to Respond to Complaint, which the Court construes as a motion (Doc. 11). A district court "may set aside an entry of default for good cause". FED. R. CIV. P. 55(c). In evaluating "good cause," the court principally considers the following three factors: "(1) whether the default was culpable or willful, (2) whether setting it aside would pr
Summary: ORDER THOMAS B. SMITH , Magistrate Judge . This matter comes before the Court on the parties' Stipulation for Relief From Default and Extension of Time to Respond to Complaint, which the Court construes as a motion (Doc. 11). A district court "may set aside an entry of default for good cause". FED. R. CIV. P. 55(c). In evaluating "good cause," the court principally considers the following three factors: "(1) whether the default was culpable or willful, (2) whether setting it aside would pre..
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ORDER
THOMAS B. SMITH, Magistrate Judge.
This matter comes before the Court on the parties' Stipulation for Relief From Default and Extension of Time to Respond to Complaint, which the Court construes as a motion (Doc. 11). A district court "may set aside an entry of default for good cause". FED. R. CIV. P. 55(c). In evaluating "good cause," the court principally considers the following three factors: "(1) whether the default was culpable or willful, (2) whether setting it aside would prejudice the opposing party, (3) whether the defaulting party presents a meritorious defense, and (4) whether the defaulting party acted promptly to correct its default." Retina-X Studios, LLC v. ADVAA, LLC, 303 F.R.D. 642, 656 (M.D. Fla. 2014) (citing Compania Interamericana Export-Import, S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948, 951 (11th Cir. 1996)).
The Clerk of Court entered default against Defendant on November 13, 2018, for its failure to appear in this action (Doc. 9). Now, the parties represent that Defendant defaulted because it lacked proper legal representation (Doc. 11 at 2). An attorney has recently made an appearance on behalf of Defendant (Doc. 10). Plaintiff represents that it will not be prejudiced if the Court vacates the default (Doc. 11 at 2). The parties agree to extend the time for Defendant to file a response to Plaintiff's complaint (Id. at 3).
Upon consideration of the foregoing, it is hereby ORDERED that:
(1) The Motion for Relief From Default and Extension of Time to Respond to Complaint (Doc. 11) is GRANTED.
(2) The Clerk of Court is directed to VACATE the default entered on November 13, 2018 (Doc. 9).
(3) Defendant has until November 30, 2018 to respond to Plaintiff's complaint. Copies furnished to Counsel of Record
DONE and ORDERED.