HAWORTH v. ANCHORS REALTY OF SOUTH WALTON INC et al

Filing 145

ORDER re 138 Clerk's Entry of Default against ANCHORS REALTY OF SOUTH WALTON INC. In light of the 143 "Stipulated Motion For Dismissal with Prejudice of Claims Against Defendant Anchors Realty of South Walton, Inc." filed 5/8/2009, the court finds good cause for sua sponte setting aside the default. Signed by District Judge M CASEY RODGERS on May 12, 2009. (cbj)

UNITED STATES DISTRICT COURT N O R T H E R N DISTRICT OF FLORIDA P E N SA CO L A DIVISION RODNEY G. HAWORTH VS ANCHORS REALTY OF SOUTH WALTON INC REFERRAL AND ORDER Referred to Judge M. Casey Rodgers on May 11, 2009 Motion/Pleadings: DEFAULT against ANCHORS REALTY OF SOUTH WALTON INC Filed by clerk on 4/22/2009 Doc.# 138 RESPONSES: on Doc.# on Doc.# Stipulated Joint Pldg. Unopposed Consented WILLIAM M. McCOOL, CLERK OF COURT /s/ C. Justice Deputy Clerk ORDER
T h e clerk entered a default against Defendant Anchors Realty of South W a l t o n , Inc., on April 22, 2009. In light of the "Stipulated Motion for Dismissal w i t h Prejudice of Claims Against Defendant Anchors Realty of South Walton, Inc.," f i l e d May 8, 2009, the court finds good cause for sua sponte setting aside the default. See Anheuser Busch v. Philpot, 317 F.3d 1264, 1267 (11th Cir.

CASE NO. 3:08cv514-MCR/MD

LC (1 OR 2)

2 0 0 3 ) ( e n t r y of default that provided neither relief nor damages was not a final d e f a u l t judgment and could be set aside sua sponte by the court for "good cause"). DONE and ORDERED this 12th day of May, 2009.

Entered On Docket: Copies sent to:

By:

s/

M. Casey Rodgers
M . CASEY RODGERS U N I T E D STATES DISTRICT JUDGE

Rules 58 & 79(a) FRCP or 32(d)(1) & 55 FRCRP

Document No.