Publix Super Markets, Inc. Employee Stock Ownership Plan et al v. Galvez et al

Filing 90

ORDER granting 84 motion to set aside Clerk's default. Smile Train must respond to Publix's 1 complaint for interpleader by October 11, 2018. Signed by Magistrate Judge Amanda Arnold Sansone on 9/27/2018. (DMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PUBLIC SUPER MARKETS, INC.,
EMPLOYEE STOCK OWNERSHIP
PLAN and PUBLIX SUPER
MARKETS, INC.,
Plaintiffs,
v.

Case No. 8:17-cv-2968-T-36AAS

SMILE TRAIN, INC., et al.,
Defendants.
___________________________________/
ORDER
Smile Train and Publix jointly move to set aside a Clerk’s default entered
against Smile Train. (Doc. 84).
Publix submitted its complaint for interpleader against the defendants,
including Smile Train, on December 11, 2017. (Doc. 1). Publix served its summons
and complaint on Smile Train on December 27, 2017. (Doc. 43). Under Federal Rule
of Civil Procedure 12(a), a defendant must respond to a complaint within twenty-one
days of service. Fed. R. Civ. P. 12(a). The deadline for Smile Train to respond to
Publix’s complaint was January 18, 2018, and Smile Train failed to respond.
Due to Smile Train’s failure to plead or otherwise defend against Publix’s
complaint for interpleader, Publix moved for entry of Clerk’s default under Rule 55(a),
which was later entered. (Docs. 45, 48). Smile Train and Publix now jointly move to
set aside the Clerk’s default against Smile Train. (Doc. 84).
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A court may set aside entry of a Clerk’s default for good cause. Fed. R. Civ. P.
55(c). “Good cause” under Rule 55(c) is a liberal standard. Sherrard v. Macy’s Sys.
and Tech., Inc., 724 F. App’x 736, 738 (11th Cir. 2018) (quotation and citation
omitted); see also Jones v. Harell, 858 F.2d 667, 668–69 (11th Cir. 1988) (affirming
district court that concluded party made “a bare minimum showing” to justify relief
under Rule 55(c)). Further, setting aside the Clerk’s default does not prejudice the
non-defaulting party because Publix joins Smile Train in requesting this relief.
The court is satisfied good cause exists to set aside the Clerk’s default against
Smile Train. Therefore, the joint motion to set aside the Clerk’s default against Smile
Train (Doc. 84) is GRANTED. Smile Train must respond to Publix’s complaint for
interpleader by October 11, 2018.
ORDERED in Tampa, Florida on September 27, 2018.

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