REGISTER v. CLEAVER-BROOKS INC

Filing 14

ORDER granting 9 Motion to Vacate. Ordered by Judge Hugh Lawson on 4/25/2013. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
CALVIN REGISTER,
Plaintiff,
v.

Civil Action 7:13-CV-9 (HL)

CLEAVER-BROOKS, INC.,
Defendant.
ORDER

Before the Court is Defendant Cleaver-Brooks, Inc.’s Motion to Vacate
(Doc. 9). In its Motion, Defendant contends that it was unaware that a formal
complaint had been filed in this matter because the notification of service was
sent to Cleaver-Brooks’s office in Milwaukee, Wisconsin. Thus, it contends that
the clerk’s entry of default should be vacated and the case be allowed to
proceed.
Under Federal Rule of Civil Procedure 55(c), “[t]he court may set aside an
entry of default for good cause.…” In this case, the Court finds there is good
cause to set aside the default. The Court has no reason to believe that
Defendant knew about the case and intentionally failed to file a responsive
pleading. This is especially true in light of the prior litigation history between
Defendant and the attorney for Plaintiff, Ms. Marie Mattox. In another race
discrimination case before this Court, case no. 7:11-cv-144, Ms. Mattox filed suit
against Defendant, and Defendant vigorously defended the case. With this

history in mind, it seems unlikely to the Court that Defendant in this case would
simply choose to allow the case to default without any type of
For the reasons above, the Motion to Vacate is granted. The Clerk’s entry
of default is vacated and the case shall proceed.
SO ORDERED, this 25th day of April, 2013.

s/ Hugh Lawson______________
HUGH LAWSON, SENIOR JUDGE
ebr