FIRESTONE FINANCIAL, LLC v. LUDWIG et al

Filing 11

ORDER that the Clerks Entry of Default as to Defendants (ECF No. 6) is hereby vacated; denying as moot 8 Motion for Default Judgment; that Defendants shall, within 60 days of the date of this Order, file an Answer or otherwise defend against Pl aintiffs Complaint; that the Clerk of the Court shall send Defendants a copy of the Procedural Guide for Pro Se Litigations and a copy of this Order by regular mail; that if Defendants do not file an Answer or otherwise defend against Plaintiff s Complaint within 60 days of the date of this Order, Plaintiff shall submit a letter to the Court requesting that the Clerks Entry of Default as to Defendants (ECF No. 6) and its Motion for Default Judgment (ECF No. 8) be reinstated. Signed by Judge Claire C. Cecchi on 10/10/17. (DD, ) N/M

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

FIRESTONE FINANCIAL, LLC,

Civil Action No.: 2:17-cv-02446

Plaintiff,
ORDER
V.

WILLIAM LUDWIG et a!.,
Defendants.
CE CCIII, District Judge.

WHEREAS the Complaint in this matter was filed on April 10, 2017. (ECf No. 1); and
WHEREAS a Summons was returned executed as to Defendants William Ludwig and
Patricia Ludwig Q’Defendants”) on June 13, 2017 indicating that Defendants had been served on
June 7, 2017. (ECF No. 5); and
WHEREAS Plaintiff Firestone Financial, LLC (“Plaintiff’) requested the Clerk of the
Court enter default on June 29, 2017 on the basis that the time for Defendants to Answer or
otherwise defend against Plaintiffs Complaint had expired. (ECF No. 6); and
WHEREAS the Clerk of the Court entered default on June 29, 2017. (Id.); and
WHEREAS this Court issued a Text Order on August 11,2017 directing Plaintiff to move
for default judgment in this civil action. (ECF No. 7); and
WHEREAS Plaintiff filed a Motion for Default Judgment on August 15, 2017. (ECF No.
8); and
WHEREAS Defendant William Ludwig filed a letter on September 22. 2017 which
appeared to contest points of Plaintiffs Complaint and indicate that Defendant was proceeding
pro Se. (ECF No. 9); and

WHEREAS Defendants William Ludwig and Patricia Ludwig filed a letter on October 4,
2017 which appeared to further contest points of Plaintiffs Complaint and indicate that Defendants
were proceeding pro se. (ECf No. 10); and
WHEREAS although the time for Defendants to Answer or otherwise defend against
Plaintiffs Complaint has expired and Plaintiff has moved for default judgment, the Court, taking
into account Defendants’ pro se status, will consider Defendants’ letters.
Accordingly, IT IS on this La day of Oc-(_-, 2017, in the interest ofjustice and for
good cause shown:
ORDERED that the Clerk’s Entry of Default as to Defendants (ECF No. 6) is hereby
vacated; it is further
ORDERED that Plaintiffs Motion for Default Judgment (ECF No. 8) is hereby
administratively denied as moot; it is further
ORDERED that Defendants shall, within 60 days of the date of this Order, file an Answer

or otherwise defend against Plaintiffs Complaint; it is further
ORDERED that the Clerk of the Court shall send Defendants a copy of the Procedural
Guide for Pro Se Litigations and a copy of this Order by regular mail; and it is further
ORDERED that if Defendants do not file an Answer or otherwise defend against

Plaintiffs Complaint within 60 days of the date of this Order, Plaintiff shall submit a letter to the
Court requesting that the Clerk’s Entry of Default as to Defendants (ECF No. 6) and its Motion
for Default Judgment (ECF No. 8) be reinstated.
SO ORDERED.

CLAIRE C. CECCHI, U.S.D.J.