Moya v. Penn Credit Corporation

Filing 14

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)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DAVID MOYA, Plaintiff, v. CASE NO. 8:17-cv-1589-T-26JSS PENN CREDIT CORPORATION, Defendant. / ORDER 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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