BARTRAM LLC v. C B CONTRACTORS LLC

Filing 252

ORDER GRANTING 250 First MOTION to Set Aside Default filed by SPEED FRAMING INC. 218 Clerk's Entry of Default against SPEED FRAMING INC dated 5/5/2011 is SET ASIDE. SPEED FRAMING INC shall respond to LOWRY CONSTRUCTION & FRAMING INC's Fourth Party Complaint by 6/3/2011. Signed by MAGISTRATE JUDGE GARY R JONES on 5/31/2011. (Answer due by 6/3/2011.). Signed by MAGISTRATE JUDGE GARY R JONES on 5/31/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
THE BARTRAM, LLC,
Plaintiff,
v.

CASE NO. 1:09-cv-254-SPM-GRJ

C.B. CONTRACTORS, LLC, and
CAMBRIDGE BUILDERS
& CONTRACTORS, LLC,
Defendants.
_____________________________/

C.B. CONTRACTORS, LLC,
Third-Party Plaintiff,
v.
DUFFIELD ALUMINUM d/b/a
DHI ROOFING, a Florida
corporation, et al.,
Third-Party Defendants.
____________________________ /
ORDER
Pending before the Court is the Stipulation To Vacate Default filed by Speed
Framing, Inc. (“Speed Framing”). (Doc. 250.) Speed Framing is a Fourth Party
Defendant in the Fourth Party Complaint filed on February 3, 2011 by Lowry
Construction & Framing, Inc. (“Lowry”). (Docs. 146, 147, & 148.) On April 5, 2011,
upon Lowry’s motion, the Clerk entered a Clerk’s default against Speed Framing. (Doc.
218.) Speed Framing requests that the Court set aside the default against it and
advises that Lowry stipulates and consents to the setting aside of the default.

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Accordingly, upon due consideration, it is ORDERED that:
1.

Speed Framing, Inc.’s Stipulation To Vacate Default (Doc. 250) is
GRANTED.

2.

The clerk’s default entered against Speed Framing on April 5, 2011 (Doc.
218) is SET ASIDE.

3.

Speed Framing shall respond to Lowry’s Fourth Party Complaint on or
before June 3, 2011.

DONE AND ORDERED this 31st day of May, 2011.

s/ Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 1:09-cv-254-SPM-GRJ