Judy v. Auburndale Retail I, LLC et al

Filing 17

ORDER granting Auburndale's motion 16 to vacate the default; denying as moot Judy's motion 13 for default judgment against Auburndale. The clerk's default 12 is VACATED. Signed by Judge Steven D. Merryday on 12/24/2014. (KCK) Modified on 12/24/2014 (EJC).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JEFFREY JOEL JUDY,
Plaintiff,
v.

CASE NO.: 8:14-cv-1864-T-23TGW

AUBURNDALE RETAIL I, LLC, et al.,
Defendants.
____________________________________/

ORDER
On November 6, 2014, Jeffrey Joel Judy moved (Doc. 11) for a clerk’s default
against Auburndale Retail I, LLC. The clerk entered (Doc. 12) a default against
Auburndale. Auburndale moves (Doc. 16) unopposed to vacate the default.
Auburndale explains that, because Judy failed to serve Auburndale at the correct
address, “Auburndale did not receive written notice of the instant lawsuit until
sometime after . . . December 4, 2014.” (Doc. 16 at 2) Rule 55(c), Federal Rules of
Civil Procedure, allows a court to “set aside an entry of default for good cause.”
Auburndale’s motion (Doc. 16) to vacate the default is GRANTED. The clerk’s
default (Doc. 12) is VACATED. Judy’s motion (Doc. 13) for default judgment

against Auburndale is DENIED AS MOOT. No later than JANUARY 12, 2015,
Auburndale must respond to the complaint.
ORDERED in Tampa, Florida, on December 24, 2014.

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