Filed: Jul. 26, 2019
Latest Update: Jul. 26, 2019
Summary: ORDER DEBRA M. BROWN , District Judge . On July 23, 2019, the Clerk of the Court, on Austin Adams' motion, entered a default against Prentiss County, Mississippi. Docs. #7, #9. Adams moved for a default judgment against Prentiss County the same day. Doc. #10. On July 25, 2019, Adams filed a motion to withdraw the motion for default judgment and to set aside the Clerk's entry of default, representing: Plaintiff's counsel has spoken with the Defendant's attorney about [the default] and defe
Summary: ORDER DEBRA M. BROWN , District Judge . On July 23, 2019, the Clerk of the Court, on Austin Adams' motion, entered a default against Prentiss County, Mississippi. Docs. #7, #9. Adams moved for a default judgment against Prentiss County the same day. Doc. #10. On July 25, 2019, Adams filed a motion to withdraw the motion for default judgment and to set aside the Clerk's entry of default, representing: Plaintiff's counsel has spoken with the Defendant's attorney about [the default] and defen..
More
ORDER
DEBRA M. BROWN, District Judge.
On July 23, 2019, the Clerk of the Court, on Austin Adams' motion, entered a default against Prentiss County, Mississippi. Docs. #7, #9. Adams moved for a default judgment against Prentiss County the same day. Doc. #10. On July 25, 2019, Adams filed a motion to withdraw the motion for default judgment and to set aside the Clerk's entry of default, representing:
Plaintiff's counsel has spoken with the Defendant's attorney about [the default] and defense counsel has provided good cause as to why an Answer was not filed by Prentiss County. Apparently, the process server failed to serve a copy of the complaint along with the summons.
Doc. #12 at 2.
Upon consideration, the motion [12] is GRANTED. The July 23 entry of default [9] is SET ASIDE and the July 25 motion for default judgment [10] is deemed WITHDRAWN and shall be terminated by the Clerk of the Court.
SO ORDERED.
