Rykard v. Fedex Ground Package System, Inc.

Filing 37

ORDER granting 30 Motion to Set Aside Default construed as Motion for Extension of Time to File Answer. Ordered by Judge Clay D. Land on 06/23/2009. (lra)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION BILLY B. RYKARD, Plaintiff, vs. FEDEX GROUND PACKAGE SYSTEM, INC., d/b/a FedEx Ground, and AARON RICHARDSON, Defendants. * * * * * * * ORDER On May 14, 2009, Defendant Aaron Richardson filed an untimely Answer to Plaintiff's Amended Complaint. Presently pending before CASE NO. 4:08-CV-74(CDL)

the Court is Richardson's Motion to Open Default (Doc. 30). No entry of default has been made against Richardson. The Court construes

Richardson's motion as a motion for extension of time to file an answer such that his previously filed untimely answer shall be permitted. Because no objections to such an extension have been

filed and the Court otherwise finds that an extension should be permitted under the circumstances, the Court grants Richardson's motion and deems Richardson's previously filed answer to be timely filed. IT IS SO ORDERED, this 23rd day of June, 2009.

S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE 1