Micolo v. Brennan

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATION - Upon review of Magistrate Judge Tomlinson's R&R, the Court hereby ADOPTS the R&R, except that the Court ORDERS as follows: (1) Pltff's motion for entry of default against Dft is DENIED; (2) Dft 9;s motion to set aside the Certificate of Default is GRANTED; (3) Dft is directed to, within 10 days of the date of this Order, file with the Court a letter indicating whether he will accept service of the Complaint as of 4/9/08; and (4) if Dft acce pts service as of 4/9/08, he shall file an Answer to the Complaint within 20 days of the docketing of this Order. The Clerk of Court is directed to mail a copy of this Order to Pltff. Ordered by Judge Joanna Seybert on 3/18/09. C/M; C/ECF (Valle, Christine)

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