Graham v. MIDI Transport, Inc. et al

Filing 20

ORDER Granting 19 MOTION for Extension of Time to File Answer to 1 Complaint; and Setting Aside 15 Clerks Entry of Default, 16 Clerks Entry of Default, 17 Clerks Entry of Default, 18 Clerks Entry of Default. Responsive Pleading re 1 Complaint due by 9/15/2017, Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT GRAHAM,
Plaintiff,
Case No. 17-10956
v.
Hon. John Corbett O’Meara
MIDI TRANSPORT, INC., et al.,
Defendants.
_____________________________________/
ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO ANSWER AND
SETTING ASIDE CLERK’S ENTRY OF DEFAULT
Before the court is Defendants’ request for an extension of time to obtain
counsel and answer the complaint, filed June 7, 2017. Defendants were served
with the summons and complaint on May 22, 2017; their answer was due June 12,
2017. Prior to the due date, Defendants filed a motion for an extension of time.
On June 13, 2017, Plaintiff filed requests for a clerk’s entry of default as to all
Defendants, which were entered the same day.
In light of Defendants’ timely request for an extension of time, the defaults
were entered in error. The court will set aside the defaults and grant Defendants an
extension of time to answer the complaint. See Fed. R. Civ. P. 55(c) (“The court
may set aside an entry of default for good cause.”).

Accordingly, IT IS HEREBY ORDERED that the clerk’s entry of default as
to each of the Defendants is SET ASIDE.
IT IS FURTHER ORDERED that Defendants’ motion for an extension of
time is GRANTED. Defendants shall have until September 15, 2017, to answer or
otherwise respond to the complaint.

s/John Corbett O’Meara
United States District Judge
Date: June 15, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, June 15, 2017, using the ECF system and/or ordinary
mail.

s/William Barkholz
Case Manager

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