Saxon v. Talmadge Royal

Filing 17

ORDER granting 15 Motion to Set Aside 11 Entry of Default]. The Clerk of Court is directed to set aside the entry of default pursuant to Federal Rule of Civil Procedure 55(c). Defendant shall have 21 days from the date of this Order to properly answer Plaintiff's complaint. Signed by Judge William T. Moore, Jr on 10/2/14. (wwp)

IN THE UNITED STATES DISTRICT COURT FO
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

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Ppj.

(;t ERK
GREGORY SAXON,

)
SD1)1ST

OF GA,

Plaintiff,
V

CASE NO. CV414-089

.

TALMADGE ROYAL, d/b/a Sno
Frost,
Defendant.
ORDER

Before the Court is Defendant's Motion to Open Default.
(Doc. 15.) On July 10, 2014, the Clerk of Court placed
Defendant in default for failure to timely answer Plaintiff's
complaint. (Doc. 11.) Subsequently, Defendant filed his motion
seeking to set aside that default.

(Dec.

15 at 1.) In support

of his request, Defendant states that Plaintiff's summons
incorrectly states that Defendant had forty-five days to file
his answer, rather than the twenty-one days allowed under
Federal Rule of Civil Procedure 12(a) (1) (A) (1).
id., Ex. A. at 2.)

(Id.; see also

Plaintiff did not respond to Defendant's

motion.
After careful consideration, the Court concludes that
Defendant has shown good cause to set aside the Clerk of Court's
entry of default. In addition, Plaintiff's failure to respond
indicates he has no opposition to Defendant's request. See S.D.

Ga. L.R. 7.5. Accordingly, the Clerk of Court is DIRECTED to
set aside the entry of default pursuant to Federal Rule of Civil
Procedure 55(c). Defendant SHALL have twenty-one days from the
date of this order to properly answer Plaintiff's complaint.
SO ORDERED this 2day of October 2014.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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