Ruggiano et al v. Orlando Custom Home Builders LLC et al

Filing 15

ORDER granting #14 Motion to Set Aside Clerk's Default and directing Defendants to file a response to the Complaint within fourteen days. Signed by Magistrate Judge Philip R. Lammens on 1/10/2022. (AR)

Case 5:21-cv-00581-GAP-PRL Document 15 Filed 01/10/22 Page 1 of 2 PageID 59

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
NICK RUGGIANO and JAYME
STEPHENS,
Plaintiffs,
v.

Case No: 5:21-cv-581-GAP-PRL

ORLANDO CUSTOM HOME
BUILDERS LLC and SEAN MARKS,
Defendants.
ORDER
This matter is before the Court on Defendants’ unopposed motion to set aside clerk’s entry
of default (Doc. 14) which was entered on January 4, 2022. (Doc. 12). Rule 55(c) of the Federal
Rules of Civil Procedure provides that “ [for] good cause shown, the court may set aside entry of
default.” The good cause standard under Rule 55(c) is a liberal standard and distinguishable from
the more rigorous excusable neglect standard applicable to a request to set aside a default
judgment. See Compania Interamericana Export-Import, S.A. v. Compania Dominicana De
Aviacion, 88 F.3d 948, 951 (11th Cir. 1996); EEOC v. Mike Smith Pontiac GMC, Inc., 896 F.2d
524, 527-28 (11th Cir. 1990).
Here, Defendants were served with a copy of the complaint and summons on December 6,
2021. (Docs. 5, 6). On December 29, 2021, Plaintiffs filed their motion for entry of clerk’s default.
(Doc. 9). On January 4, 2022, the clerk entered default against Sean Marks and Orlando Custom
Home Builders LLC. (Doc. 12). On January 5, 2022, Defendants filed the instant motion. (Doc.
15). According to Defendants, they failed to timely respond to the complaint due to an
administrative oversight.

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Under these circumstances, Defendants have shown the requisite good cause to set aside
the default. Defendants timely moved to set aside the default, there is no suggestion of willfulness
in the delay in serving the responsive pleading, there is a meritorious defense, and most
importantly, Plaintiff has no objection to Defendants’ motion.
Accordingly, Defendants’ motion (Doc. 14) is GRANTED and the Clerk’s default entered
against Sean Marks and Orlando Custom Home Builders LLC on January 4, 2022 (Doc. 12) is
hereby SET ASIDE. Within fourteen days of this Order, Defendants shall file its response to
Plaintiffs’ Complaint (Doc. 1).
DONE and ORDERED in Ocala, Florida on January 10, 2022.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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