BMO Harris Bank N.A. v. Canning Logistics Service LLC et al

Filing 19

ORDER granting 13 Motion to Set Aside Default. The Clerk's entry of default (Filing No. 10) is set aside with respect to defendant Doran Post. Defendant Post shall answer or otherwise plead within three weeks of the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

BMO HARRIS BANK N.A.,
Plaintiff,

8:17CV461

vs.
ORDER
CANNING LOGISTICS SERVICE LLC
and DORAN POST,

Defendants.

This matter is before the court on defendant Doran Post’s motion to set aside
default, Filing No. 13. This is an action brought by Plaintiff BMO Harris Bank N.A. (the
“Bank”) on a Loan Agreement with Defendant Canning Logistics Service LLC (“Canning
Logistics”) as well as an individual guaranty purportedly executed by Defendant Doran
Post (“Post”). This court has jurisdiction under 28 U.S.C. § 1332.
Post was served on March 5, 2018. On April 4, 2018, the Bank filed its Motion for
Entry of Default which was entered by the Clerk on the same date. Filing No. 10. Post
moves to set aside the clerk’s entry of default against him.
oppose defendant Post’s motion.

The plaintiff does not

The court finds the motion should be granted.

Accordingly,
IT IS ORDERED:
1.

Defendant Doran Post’s motion to set aside default (Filing No. 13) is

granted.
2.

The Clerk’s entry of default (Filing No. 10) is set aside with respect to

defendant Doran Post.

3.

Defendant Post shall answer or otherwise plead within three weeks of the

date of this order.
Dated this 31st day of August, 2018.

BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

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