Godshalk v. Bank of America National Association et al

Filing 11

ORDER: Defendant Bank of America's Amended Motion to Vacate and Set Aside Clerk's Default 6 is GRANTED as unopposed. Plaintiff's Motion for Final Judgment After Default 3 and Bank of America's first Motion to Vacate and Set A side Default 4 are DENIED as moot. Plaintiff has until and including January 6, 2014, to properly effect service of process upon Defendant Bank of America and to file an executed return of service with this Court. Signed by Judge Virginia M. Hernandez Covington on 11/25/2013. (CH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
EDWARD L. GODSHALK,
Plaintiff,
v.

Case No. 8:13-cv-2789-T-33AEP

BANK OF AMERICA NATIONAL
ASSOCIATION and MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.,
Defendants.
_____________________________/
ORDER
This matter comes before the Court in consideration of
Defendant Bank of America National Association’s

Amended

Motion to Vacate and Set Aside Clerk’s Default and to Quash
Improper and Ineffective Service of Process (Doc. # 6),
which was filed on November 5, 2013.

The Motion asserts

that a clerk’s entry of default entered against Bank of
America

in

state

court

prior

to

the

October

30,

2013,

removal of this action “should be set aside because [Bank
of America] has never been properly served with sufficient
process.”

(Id. at 1).

Also before the Court are Plaintiff Edward Godshalk’s
Motion for Final Judgment After Default (Doc. # 3) and Bank
of America’s first Motion to Vacate and Set Aside Default

(Doc. # 4), both filed in state court before the removal of
this action.
Pursuant to Local Rule 3.01(b) and Federal Rule of
Civil Procedure 6(d), the deadline for Godshalk to file a
response in opposition to Bank of America’s November 5,
2013,

Amended

Motion

to

Vacate

and

Set

Aside

Default was, at the latest, November 22, 2013.

Clerk’s

Godshalk,

who is represented by counsel, failed to file a response to
the Motion in the time provided by the Rules or at any
point since.

Accordingly, the Court considers the Motion

as an unopposed motion.
Upon due consideration of the Motion and the record
before
Amended

the

Court,

Motion

to

the

Vacate

(Doc. # 6) as unopposed.
default

previously

Court
and

grants
Set

Bank

Aside

of

America’s

Clerk’s

Default

The Court hereby sets aside the

entered

against

Bank

of

America

and

correspondingly denies as moot Godshalk’s Motion for Final
Judgment After Default (Doc. # 3) and Bank of America’s
first Motion to Vacate and Set Aside Default (Doc. # 4).
Furthermore, the Court permits Godshalk until and including
January 6, 2014, to properly effect service of process upon
Defendant Bank of America and to file an executed return of
service with this Court.
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Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Bank of America’s Amended Motion to Vacate and Set
Aside

Clerk’s

Default

(Doc.

#

6)

is

GRANTED

as

unopposed.
(2)

Plaintiff Edward Godshalk’s Motion for Final Judgment
After Default (Doc. # 3) and Bank of America’s first
Motion to Vacate and Set Aside Default (Doc. # 4) are
DENIED as moot.

(3)

Plaintiff has until and including January 6, 2014, to
properly effect service of process upon Defendant Bank
of America and to file an executed return of service
with this Court.
DONE and ORDERED in Chambers in Tampa, Florida, this

25th day of November, 2013.

Copies: All Counsel of Record

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