LUKOIL NORTH AMERICA LLC v. FINOCHETTI

Filing 25

ORDER ON MOTION TO SET ASIDE DEFAULT re: 12 Motion for Default Judgment; 19 Motion to Set Aside Default By JUDGE D. BROCK HORNBY. (jib)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
LUKOIL NORTH AMERICA, LLC,
PLAINTIFF
V.

JOHN V. FINOCHETTI,
DEFENDANT

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CIVIL NO. 2:16-CV-399-DBH

ORDER ON MOTION TO SET ASIDE DEFAULT
The Court has twice granted the plaintiff extensions of time to respond to
the defendant’s motion to set aside default.

The second extension has now

expired and the plaintiff has not responded to the defendant’s motion. I now
GRANT the motion to set aside default. The defendant asserts that he was not
served; by failing to respond, the plaintiff has not shown that the defendant was
properly served; there is therefore good cause to set aside the entry of default.
See Fed. R. Civ. P. 55(c). As a result, the plaintiff’s motion for default judgment
is MOOT. The defendant shall file his Answer by April 24, 2017.
SO ORDERED.
DATED THIS 3RD DAY OF APRIL, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE