Bayview Loan Servicing, LLC v. Mace et al

Filing 21

ORDER denying 17 Motion for Entry of Default; granting 18 Plaintiff's Motion for Extension of Time to File Response. Signed by Magistrate Judge Philip R. Lammens on 3/6/2018. (AR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION BAYVIEW LOAN SERVICING, LLC, Plaintiff, v. Case No: 5:18-cv-51-Oc-30PRL DIANA R. MACE, STEVEN B. MACE, JENNIFER MACE, JPMORGAN CHASE BANK, N.A. and UNKNOWN TENANT #2 Defendants. ORDER Defendant and Counterclaimant Steven Mace filed the instant motion for clerk’s default against Plaintiff Bayview Loan Servicing, LLC. (Doc. 17). Pursuant to Rule 55(a), Fed.R.Civ.P, “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.” On February 5, 2018, Defendant filed a Counterclaim against Plaintiff. (Doc. 5). While Plaintiff has not timely answered the Counterclaim, it cannot be said that it has not “otherwise defend[ed]” this action. Indeed, several days before Defendant filed the motion for entry of default, Plaintiff filed a motion to remand this action to state court. (Doc. 17). Moreover, Plaintiff promptly responded to the instant motion and requested an extension of time. (Doc. 18). Plaintiff’s counsel represented that due to a number of circumstances he just recently learned of the Counterclaim. Accordingly, and in accordance with the judicial preference for a decision on the merits, Defendant’s motion for clerk’s default (Doc. 17) is due to be DENIED. Plaintiff’s motion for extension of time to respond to the Counterclaim (Doc. 18) is GRANTED. Plaintiff shall file and serve its response to Steven Mace’s Counterclaim on or before March 16, 2018. DONE and ORDERED in Ocala, Florida on March 6, 2018. Copies furnished to: Counsel of Record Unrepresented Parties -2-

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