Heartland Business Credit Corporation v. Simply Skin, Inc. et al

Filing 13

Minute ORDER granting 11 Motion to Vacate Hearing, Set Aside Entry of Default, and Withdraw Motion for Entry of Default and Default Judgment. Ordered that teh Clerk's entry of default is set aside. Order withdrawing 5 Motion for Default Judgment. Ordered that the Motion Hearing set for 02/19/09 is vacated by Magistrate Judge Kristen L. Mix on 02/11/09.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02367-RPM-KLM HEARTLAND BUSINESS CREDIT CORPORATION, a Missouri corporation, Plaintiff, v. SIMPLY SKIN, INC., d/b/a SIMPLYSKIN MEDSPA, INC., a Tennessee corporation, SARA V. WEBB, an individual, and JONATHAN L. WEBB, an individual, Defendant(s). _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Motion to Vacate Hearing, Set Aside Entry of Default, and Withdraw Plaintiff's Motion for Entry of Default and Default Judgment [Docket No. 11; Filed February 10, 2009] (the "Motion"). The Clerk entered default against Defendants Simply Skin, Inc. and Jonathan L. Webb on January 8, 2009 [Docket No. 6]. The Court set a hearing to determine whether default judgment was appropriate [Docket No. 8]. However, notice of the hearing was returned as undeliverable to Defendant Jonathan L. Webb [Docket No. 10], and Plaintiff has now indicated that it doubts the propriety of its earlier service efforts to that address. As such, Plaintiff asks the Court to set aside the entry of default and withdraw Plaintiff's request for default judgment to allow Plaintiff to "make another attempt to effect service." Motion [#11] at 2. Upon good cause shown, IT IS HEREBY ORDERED that the Motion is GRANTED. IT IS FURTHER ORDERED that the Clerk's entry of default against Defendants Simply Skin, Inc. and Jonathan L. Webb [#6] is SET ASIDE pursuant to Fed. R. Civ. P. 55(c). IT IS FURTHER ORDERED that Plaintiff's Motion for Entry of Default and Default Judgment [#5] is deemed to be WITHDRAWN. IT IS FURTHER ORDERED that the Motion Hearing set for February 19, 2009 at 1:30 is VACATED.

IT IS FURTHER ORDERED that the Clerk shall provide notice of this Order to: (1) Defendant Simply Skin by mailing a copy to 1019 Hamilton Ridge Lane, Knoxville, Tennessee 37922 and (2) Defendant Jonathan Webb by mailing a copy to 259 North Peters Road, Knoxville, Tennessee 37923. Dated: February 11, 2009