Downtown Aspen Investments, LLC v. Dingilian

Filing 9

ORDER Setting Aside Entry of Default and for Filing Answer re: 6 Motion and 7 Answer. Clerk's entry of default is vacated and the answer tendered on August 5, 2010, is filed as a timely answer. The plaintiff's request for a bond is denied, signed by Judge Richard P. Matsch on 8/11/2010.(rpmcd )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 10-cv-01586-RPM DOWNTOWN ASPEN INVESTMENTS, LLC, Plaintiff, v. EDWARD G. DINGILIAN, Defendant. _____________________________________________________________________ ORDER SETTING ASIDE ENTRY OF DEFAULT AND FOR FILING ANSWER _____________________________________________________________________ On August 4, 2010, the Clerk entered default of the defendant, based on service made on July 10, 2010. On August 5, 2010, the defendant, through his counsel Peter W. Thomas, filed a motion to set aside the entry of default and tendered an answer. The plaintiff filed opposition on August 9, 2010. It is now ORDERED that the Clerk's entry of default is vacated and the answer tendered on August 5, 2010, is filed as a timely answer. The plaintiff's request for a bond is denied. DATED: August 11th, 2010 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge