LONG v. CONTINENTAL FINANCE COMPANY, LLC et al

Filing 11

ORDER that the Consent MOTION to Vacate Clerk's Entry of Default, Withdraw Motion for Default Judgment, and Extend Time to Answer 8 is GRANTED; the Motions for Default Judgment [7, 9] are DENIED AS MOOT; Defendant's Answer is due within 20 days of the date of this Order. Signed by Judge Noel L. Hillman on 1/24/2018. (tf, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
LAUREN LONG,

Civil Action No.: 1:16-cv-09021
Plaintiff,

-againstCONTINENTAL FINANCE COMPANY,
LLC, and DOES 1-10, inclusive,
Defendants.

DEFENDANT’S CONSENT MOTION TO VACATE CLERK’S DEFAULT,
WITHDRAW PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT AND EXTEND
TIME WITHIN WHICH DEFENDANT MAY FILE AN ANSWER
Defendant Continental Finance Company, LLC, through its undersigned counsel, hereby
moves, with Plaintiff’s consent, for an Order Vacating the Clerk’s Default, Withdrawing
Plaintiff’s Motion for a Default Judgment, and Extending the Time in Which Defendant May
Answer the Complaint; and states as follows:
1.

On or about December 6, 2016, Plaintiff filed a Complaint in this matter.

2.

On or about June 15, 2017, Plaintiff filed a Request for Entry of Default.

3.

A Clerk’s Default was entered in this matter on or about June 16, 2017.

4.

Sometime thereafter, this firm was engaged as local counsel for Defendant.

5.

This case then “fell through the cracks” for both Plaintiff’s and Defendant’s

counsel and no activity took place for several months.
6.

On or about November 9, 2017, a Call for Dismissal was filed by the Court.

7.

Plaintiff filed a Motion for a Default Judgment on or about November 16, 2017.

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8.

This firm thereafter contacted Plaintiff’s counsel and asked that Plaintiff: (a)

consent to vacating the Clerk’s Default; (b) withdraw the Motion for Default Judgment and (c)
Defendant be allowed to file an Answer.
9.

Plaintiff’s counsel, Sofia Balile, graciously consented.

10.

Accordingly, Defendant respectfully requests that the Clerk’s Default be vacated,

the Motion for Default Judgment be withdrawn, and that Defendant be allowed to file its Answer
no later than November 22, 2017.
11.

Upon information and belief, the requested extension will not prejudice any party

in this matter, this extension is sought in good faith and not for dilatory purposes, and no further
extensions are anticipated.
Dated: November 17, 2017
THE SALVO LAW FIRM, P.C.
By:_/s/ Cindy D. Salvo____
CINDY D. SALVO
185 Fairfield Ave, Suite 3C/3D
West Caldwell, New Jersey 07006
[phone]
[phone] (fax)
[e-mail]
Attorneys for Defendant,
Continental Finance Company, LLC
ORDERED that the Consent MOTION to Vacate Clerk's Entry of Default, Withdraw Motion for
Default Judgment, and Extend Time to Answer [8] is GRANTED; and it is further
ORDERED that the Motions for Default Judgment [7, 9] are DENIED AS MOOT; and it is
further
ORDERED that Defendant's Answer is due within 20 days of the date of this Order.
s/ Noel L. Hillman
Date: January 24, 2018

NOEL L. HILLMAN, U.S.D.J.
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