Somlar v. Nelnet Inc.

Filing 15

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendants motion to set aside the Clerks Entry of Default [ECF No. 12 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs motion for default judgment [ECF No. 9 ] is DENIED. Signed by District Judge Audrey G. Fleissig on 09/14/2016. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STUART SOMLAR,

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Plaintiff,
v.
NELNET, INC.,
Defendant,

No. 4:16-CV-1037 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s motion to set aside the Clerk’s Entry of
Default.

After the default was entered, the Court reviewed the returned summons and

determined that it did not show that Defendant had been properly been served. So, it ordered the
Clerk to serve Defendant’s registered agent. Defendant acknowledges that it has now been
served, and it requests that the default be set aside. The Court finds that Defendant has shown
good cause for setting aside the default, and the motion is granted. See Fed. R. Civ. P. 55(c).
Accordingly,
IT IS HEREBY ORDERED that Defendant’s motion to set aside the Clerk’s Entry of
Default [ECF No. 12] is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s motion for default judgment [ECF No. 9]
is DENIED.
Dated this 14th day of September, 2016.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE