Bishara v. Traveler's Property Casualty
MINUTE ORDER denying 17 Plaintiff's Motion for Summary Judgment Against Defendant Due to Untimely Response and Reconsideration of Clerk's Note. By Magistrate Judge Michael E. Hegarty on 9/8/2009. (mehcd)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01706-ZLW-MEH PHILIP BISHARA, Plaintiff, v. THE PHOENIX INSURANCE COMPANY, Defendant. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on September 8, 2009. Plaintiff's Motion for Summary Judgment Against Defendant Due to Untimely Response and Reconsideration of Clerk's Note [filed September 4, 2009; docket #17], which the Court construes as a request for reconsideration of the Clerk's judgment as to Plaintiff's request for entry of default, is denied. Under Fed. R. Civ. P. 55(a), the Clerk must enter default only "when a party . . . has failed to plead or otherwise defend." According to the Court's records, Defendant filed an Answer on July 21, 2009 [docket #5].
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