TEAMSTERS HEALTH & WELFARE FUND OF PHILADELPHIA AND VICINITY et al v. RICCELLI PREMIUM PRODUCE, INC.

Filing 13

ORDER denying Pltfs' 6 Motion for Default Judgment ; granting Deft.'s 8 Motion to Set Aside Default. ORDERED that Deft shall answer or otherwise plead to the complaint w/in 14 days. Signed by Judge Jerome B. Simandle on 11/19/2010. (drw, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

TEAMSTERS HEALTH & WELFARE FUND OF PHILADELPHIA AND VICINITY, and TEAMSTERS PENSION FUND OF PHILADELPHIA AND VICINITY Plaintiffs, v. RICCELLI PREMIUM PRODUCE, INC. Defendant.

HON. JEROME B. SIMANDLE Civil No. 09-6455 (JBS-JS) ORDER

This matter having come before the Court upon Plaintiffs' motion for default judgment [Docket Item 6] and upon Defendant's motion to vacate default [Docket Item 8]; the Court having considered the submissions in support thereof and opposition thereto; for the reasons stated in the Memorandum Opinion of today's date; and for good cause shown; IT IS, this 19th day of November, 2010, hereby

ORDERED that Defendant's motion to vacate default shall be, and it hereby is, GRANTED; and it is further ORDERED that Defendant shall answer or otherwise plead to the Complaint within fourteen (14) days of the entry of this Order; and it is further ORDERED that Plaintiffs' motion for default judgment shall be, and it hereby is, DENIED. s/ Jerome B. Simandle JEROME B. SIMANDLE U.S. District Judge