BENTON v. REDDING

Filing 43

ORDER VACATING THE DEFAULT AND REQUIRING AN ANSWER BY JUNE 25 - The report and recommendation, ECF No. 37 , is accepted. The plaintiff's motion for a default judgment, ECF No. 19 , is denied. The defendant's motion to vacate the default, ECF No. 27 , is granted. The default, ECF No. 15 , is vacated. The defendant must file an answer by 6/25/2018. Signed by JUDGE ROBERT L HINKLE on 6/16/2018. (vkm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

CHRISTOPHER J. BENTON,
Plaintiff,
v.

CASE NO. 4:17cv513-RH/CAS

SERGEANT REDDING,
Defendant.
_____________________________/

ORDER VACATING THE DEFAULT AND
REQUIRING AN ANSWER BY JUNE 25

The defendant failed to respond to the complaint after proper service of
process. The clerk entered a default. The plaintiff moved for a default judgment.
The defendant moved to vacate the default. The magistrate judge issued a report
and recommendation concluding that the default should be vacated. ECF No. 37.
The plaintiff did not file objections.
The order of May 23, 2018 noted the requirement for a defendant to tender a
meritorious defense in support of a motion to vacate a default. ECF No. 41. The
order afforded the defendant an opportunity to do so. The defendant now has
tendered a meritorious defense and has moved to extend the deadline to respond to

Case No. 4:17cv513-RH/CAS

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the complaint. ECF No. 42. This order grants the motion but requires the defendant
to file an answer—not a motion.
The order sets June 25 as the deadline to file the answer. This is only a brief
extension—but the defendant should have responded to the complaint months ago
and, having defaulted and been slow to tender a meritorious defense, should not
seek a longer extension.
IT IS ORDERED:
1. The report and recommendation, ECF No. 37, is accepted.
2. The plaintiff’s motion for a default judgment, ECF No. 19, is denied.
3. The defendant’s motion to vacate the default, ECF No. 27, is granted.
4. The default, ECF No. 15, is vacated.
5. The defendant must file an answer by June 25, 2018.
SO ORDERED on June 16, 2018.
s/Robert L. Hinkle
United States District Judge

Case No. 4:17cv513-RH/CAS