Broadcast Music, Inc. et al v. Jimmy's Seafood, Inc., et al

Filing 18

MEMORANDUM AND ORDER Denying 14 Motion for Clerk's Entry of Default for Want of an Answer; Granting Defendants' request for permission to file out of time. Signed by Judge James K. Bredar on 8/7/2015. (nd2s, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Broadcast Music, Inc., et al.

*

Plaintiff

*

vs.

*

Jimmy’s Seafood, Inc., d/b/a Jimmy’s
Famous Seafood, et al.

Civil Action No.: JKB-15-1477

*
*

Defendants
*
******
MEMORANDUM AND ORDER
Now pending before the Court is the Plaintiffs’ motion for Clerk’s entry of default for
want of an answer (ECF No. 14). The Defendants have responded to the motion (ECF No. 17).
The Court finds the explanations in the response, which attempt to justify the tardy answer, less
than fully persuasive. On the other hand, the Court is persuaded that the Plaintiff has not been
unduly prejudiced by the Defendants’ tardiness, and so the motion is DENIED. The Court notes
that simultaneous with the filing of their response, the Defendants filed an Answer, and treating
the response as a request for permission to file out of time, and finding that the request should be
GRANTED, the ANSWER (ECF No. 15) should be DOCKETED, and the Clerk is directed to do
so.

Dated this 7th day of August, 2015.

BY THE COURT:

/s/
James K. Bredar
United States District Judge