League of Human Dignity v. Midwest Special Services, Inc.

Filing 12

MEMORANDUM AND ORDER - Defendant's Motion to Set Aside Default Judgment and for Leave to File an Answer out of Time (filing 11 ) is granted. Defendant shall file an answer no later than July 10, 2012. Ordered by Senior Judge Richard G. Kopf. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LEAGUE OF HUMAN DIGNITY,
Plaintiff,
v.
MIDWEST SPECIAL SERVICES,
INC.,
Defendant.

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4:12CV3021

MEMORANDUM
AND ORDER

This matter is before me on a Motion to Set Aside Default Judgment and for
Leave to File an Answer out of Time filed by Defendant Midwest Special Services,
Inc. (Filing 11.) On March 26, 2012, the Clerk’s office entered a Clerk’s Entry of
Default because Defendant failed to plead or otherwise defend this action. (Filing 9.)
Defendant argues that it was unaware that it had been served with the Complaint and
only recently contacted counsel to represent it in this litigation.

(Filing 11.)

Defendant asks me to set aside the March 26, 2012, Clerk’s entry of Default and to
grant Defendant until July 10, 2012, to file an answer. (Id.) Plaintiff’s counsel has
been advised of Defendant’s Motion and does not object. (Id.)
For good cause shown, I will set aside the Clerk’s Entry of Default. See Fed.
R. Civ. P. 55(c). I will also grant Defendant’s request to file an answer out of time.
Defendant shall file an answer no later than July 10, 2012.
IT IS ORDERED that:
1.

Defendant’s Motion to Set Aside Default Judgment and for Leave to File

an Answer out of Time (filing 11) is granted.
2.

Defendant shall file an answer no later than July 10, 2012.

DATED this 6 th day of July, 2012.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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