CHASE v. MERSON et al

Filing 75

ORDER ON APPLICATION FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT AGAINST DEFENDANTS ARTHUR MERSON AND ENDEAVOR PROJECT CONSULTANTS, LLC - denying 50 Motion for Default Judgment; denying 60 Renewed Motion for Entry of Default ; denying 60 Motion for Default Judgment. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JOHN F. CHASE,
PLAINTIFF
V.

ENDEAVOR PROJECT
CONSULTANTS, LLC, ET AL.,
DEFENDANTS

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CIVIL NO. 2:18-CV-165-DBH

ORDER ON APPLICATION FOR ENTRY OF DEFAULT AND DEFAULT
JUDGMENT AGAINST DEFENDANTS ARTHUR MERSON AND ENDEAVOR
PROJECT CONSULTANTS, LLC
The motion and renewed motion for entry of default and default judgment
against the defendant Arthur Merson are both DENIED. The defendant has now
obtained a lawyer and filed an Answer, and on today I granted his motion for
extension of time to do so.
The application for default judgment against the defendant Endeavor
Project Consultants LLC, allegedly owned by the defendant Merson, Complaint
¶ 25, and the renewed motion for default and default judgment against it are
DENIED. Today it filed an Answer through the same lawyer, and I DIRECT the
Clerk’s Office to set aside, for good cause, the default previously entered against
that defendant, now that it and its alleged owner have found a lawyer. The
matter has not advanced to a degree that vacating the default unduly prejudices
the plaintiff, and it is preferable for the case to be resolved on the merits.
SO ORDERED.
DATED THIS 22ND DAY OF JANUARY, 2019
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE