PROGRESSIVE PREFERRED INSURANCE COMPANY v. SCHINADEERMAN et al
ORDER GRANTING 12 Motion to Set Aside Default. IT IS HEREBY ORDERED that the default entered against Defendant Thorpe on November 3, 2017, be SET ASIDE. Defendant Thorpe must respond to Plaintiff's Complaint within seven (7) days of the date of this Order. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 11/9/2017. (tlh)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
No. 5:17‐CV‐338 (CAR)
MARIO SCHINADEERMAN, WILLIE :
THORPE, SIERRA WASHINGTON, :
MINYEKA CURRY, and CO’RIYAH :
ORDER ON CONSENT MOTION TO SET ASIDE ENTRY OF DEFAULT
Before the Court is the parties’ Consent Motion to set aside the entry of default
as to Defendant Willie Thorpe. Under Federal Rule of Civil Procedure 55(c), a court
may set aside an entry of default for good cause.1 The good cause standard is “a
liberal one—but not so elastic as to be devoid of substance.”2 In determining good
cause under Rule 55(c), “[c]ourts have considered whether the default was culpable
or willful, whether setting it aside would prejudice the adversary, and whether the
Fed. R. Civ. P. 55 (c).
Compania Interamericana Exp.‐Imp., S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948,
951 (11th Cir. 1996) (citation omitted).
defaulting party presents a meritorious defense.”3 Here, the Court finds that
Defendant Thorpe’s default was not willful, Plaintiff will not be prejudiced, and
Defendant Thorpe asserts a meritorious defense exists. Thus, the parties have
established good cause pursuant to Rule 55(c). IT IS HEREBY ORDERED that the
default entered against Defendant Thorpe on November 3, 2017, be SET ASIDE.
Defendant Thorpe must respond to Plaintiff’s Complaint within seven (7) days of the
date of this Order.
SO ORDERED, this 9th day of November, 2017.
S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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