Barfield v. Cumming Food Mart et al

Filing 13

ORDER that Plaintiff's Motion to Withdraw Motions and Orders for Clerk's Entry of Default 12 is granted. The Clerk's Entry of Default 10 is hereby set aside. Filing Nos. 8, 9, and 10 herein shall be stricken from the record. Ordered by Magistrate Judge F.A. Gossett. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JIMMY BARFIELD,
Plaintiff,
V.
BUCKS INC., and DOES 1-5
INCLUSIVE,
Defendants.

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8:16CV18

ORDER

This matter is before the Court on Plaintiff’s Motion to Withdraw Motions and Orders
for Clerk’s Entry of Default. (Filing No. 12). The Clerk of Court entered a Clerk’s Entry
of Default against Defendant Cumming Food Mart on March 4, 2016. (Filing No. 10.)
Plaintiff requests that the Entry of Default be set aside as to Defendant Cumming Food Mart
because there was a misunderstanding between the parties regarding the answer deadline.
For good cause shown,
IT IS ORDERED:
1.

Plaintiff’s Motion to Withdraw Motions and Orders for Clerk’s Entry of
Default (Filing No. 12) is granted.

2.

The Clerk’s Entry of Default (Filing No. 10) is hereby set aside. Filing Nos.
8, 9, and 10 herein shall be stricken from the record.

DATED March 14, 2016.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge