BHATT v. FUENTES et al

Filing 56

LETTER ORDER granting #37 Motion to Set Aside Default; Defendant is directed to file answer no later than 1/6/2017. The #24 Motion for Default Judgment is Denied as moot. Signed by Magistrate Judge Tonianne J. Bongiovanni on 12/19/2016. (km)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
[phone]
CHAMBERS OF

U.S. COURTHOUSE
402 E. STATE STREET, RM 6052
TRENTON, NJ 08608

TONIANNE J. BONGIOVANNI
UNITED STATES MAGISTRATE JUDGE

December 19, 2016
LETTER ORDER
Re:

Chaula S. Bhatt v. Joseph Fuentes, et al
Civil Action No. 16-2081 (FLW)

Dear Counsel and Ms. Bhatt:
Currently pending before the Court is Defendant Janet Mihalopoulos’ (“Defendant”)
motion to set aside default. (Docket Entry No. 37). Plaintiff Chaula S. Bhatt (“Plaintiff”)
opposes Defendant’s motion. (Docket Entry No. 40)
Pursuant to Fed.R.Civ.P. 55(c), “the court may set aside an entry of default for good
cause.” Defendant states that there was a miscommunication in the Ohio Attorney General’s
office concerning whether outside counsel needed to be appointed for her. (Def.’s Br. in Supp. of
Mot. at 2). Defendant notes that because of that miscommunication, the response did not get
docketed. (Id.) Plaintiff argues that the “court should not allow continued breaking of all rules
by defendants who have already broken multiple local Rules of Civ. Process by not answering
the complaint on purpose in spite of timely service of summons upon them…” (Pl.’s Opp. at 2).
The Court finds that good cause exists to set aside the entry of default. Defendant’s
motion to set aside default is GRANTED. Plaintiff’s motion for Default Judgment is DENIED
AS MOOT. Defendant is directed to file an answer no later than January 6, 2017.

The Clerk of the Court is directed to terminate Docket Entry Nos. 24 and 37.

IT IS SO ORDERED.

__/s/ Tonianne J. Bongiovanni_______
TONIANNE J. BONGIOVANNI
United States Magistrate Judge