Aleva Stores LLC v. GoFit LLC
ORDER Adopting Report and Recommendation 18 Report and Recommendation, and ORDER Granting Defendant's 13 Motion to Set Aside Clerk's Entry of Default Judgement. Signed by District Judge Shalina D. Kumar. (SSch)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
ALEVA STORES, LLC,
Case No. 23-10717
Honorable Shalina D. Kumar
Magistrate Judge Kimberly G. Altman
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 18)
AND GRANTING DEFENDANT’S MOTION TO SET ASIDE CLERK’S
ENTRY OF DEFAULT JUDGMENT (ECF NO. 13)
On March 28, 2023, plaintiff Aleva Stores LLC brought this action
against defendant GoFit LLC alleging it failed to indemnify Aleva for fees
and expenses it incurred defending claims brought by a purchaser of
defective GoFit exercise bands. ECF No. 1. Aleva amended its complaint
on April 11, 2023 (ECF No. 5) and a summons was issued for GoFit on
April 25, 2023. ECF No. 7. GoFit was served on May 1, 2023, making its
answer due on May 22, 2023. ECF No. 8. After GoFit failed to file an
answer, on May 30, 2023 Aleva requested a Clerk’s Entry of Default which
was issued the following day. ECF Nos. 9, 10. On May 31, 2023, Aleva
requested a Clerk’s Entry of Default Judgment in the amount of
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$183,973.94 (ECF No. 11) and the Clerk entered the judgment on June 5,
2023. ECF No. 12. On August 3, 2023, GoFit filed the instant motion to set
aside the default judgment (ECF No. 13), which was then referred to the
assigned magistrate judge. ECF No. 16.
On October 20, 2023, the assigned magistrate judge issued a Report
and Recommendation (R&R). ECF No. 18. The R&R recommends that the
Court grant defendant’s motion to set aside the default judgment because
GoFit demonstrated meritorious defenses to Aleva’s claim and Aleva would
suffer no cognizable prejudice should the default judgment be set aside. Id.
Neither party filed an objection to the R&R.
The Court has reviewed the record and the R&R is hereby
ADOPTED and entered as the findings and conclusions of the Court.
IT IS ORDERED that defendant’s motion to set aside the Clerk’s entry
of default judgment (ECF No. 13) is GRANTED.
Dated: November 13, 2023
s/Shalina D. Kumar
SHALINA D. KUMAR
United States District Judge
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