LEE et al v. TMZ PRODUCTIONS INC. et al

Filing 52

ORDER denying 46 Motion for Default Judgment ; granting 50 Cross-Motion to Set Aside Default; that, Defendant TMZ answer or otherwise move in response to the Complaint on or before November 19, 2015. Signed by Magistrate Judge Mark Falk on 11/9/15. (DD, )

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JANICE LEE, et al., Civil Action No. 15-234 (WJM) Plaintiffs, v. TMZ PRODUCTIONS INC., et al., Defendants. ORDER THIS MATTER having come before the Court for a case management conference on November 5, 2015; and the Court having discussed with counsel the status of the case, including Plaintiffs’ motion for default judgment against Defendant TMZ Productions, Inc. [ECF No. 46] and TMZ’s cross-motion to vacate default [ECF No. 50]; and the Court noting the Third Circuit’s strong preference to resolve cases on the merits whenever possible, see, e.g., United States v. $55, 518.05 in U.S. Currency, 728 F.2d 192, 194-95 (3d Cir. 1984); and Plaintiffs’ counsel having consented to vacate default and allow TMZ to respond to the Complaint; and for good cause shown; IT IS on this 9th day of November 2015, ORDERED that, Plaintiffs’ motion for default judgment [ECF No. 46] is DENIED; and it is further ORDERED that, Defendant TMZ’s cross-motion to vacate default [ECF No. 50] is GRANTED; and it is further ORDERED that, Defendant TMZ answer or otherwise move in response to the Complaint on or before November 19, 2015. s/Mark Falk MARK FALK United States Magistrate Judge 2

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