Moya v. Penn Credit Corporation
ORDER ATTACHED denying 11 Motion for Default Judgment and directing clerk to vacate clerk's default. Signed by Judge Richard A. Lazzara on 8/9/2017. (CCB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
CASE NO. 8:17-cv-1589-T-26JSS
PENN CREDIT CORPORATION,
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this
case, it is ORDERED AND ADJUDGED that Plaintiff’s Motion for Default Judgment (Dkt.
11) is denied. Defendant, through counsel, filed yesterday, August 8th, an Answer, Affirmative
Defenses and Jury Demand. Although this pleading was filed several days after the twenty-one
day deadline for filing a response to Plaintiff’s complaint had expired and after a clerk’s default
was entered, nevertheless, it would be a gross abuse of this Court’s discretion to enter a default
final judgment against Defendant. Accordingly, acting sua sponte, the Court directs that the
clerk’s default is vacated, and this case shall proceed in due course.
DONE AND ORDERED at Tampa, Florida, on August 9, 2017.
s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of Record
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