Forman v. Texas Guaranteed Student Loan Corporation

Filing 25

ORDER denying 18 Motion for Entry of Default. Signed by Julie A. Richards, Clerk of Court on 12/16/2013. A copy of the order was mailed to the pro se plaintiff. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-691-D
SEANDELL FORMAN,
Plaintiff,

v.
TEXAS GUARANTEED STUDENT
LOAN CORPORATION,
Defendant.

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ORDER

On November 20, 2013, Seandell Forman ("plaintiff') filed a motion for entry of default
against Texas Guaranteed Student Loan Corporation ("defendant") under Rule 55( a) of the Federal
Rules ofCivil Procedure [D.E. 18]. In sum, plaintiff asserts that default should be entered because
defendant failed to file an answer or otherwise respond to his amended complaint. However, prior
to its deadline to respond and pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and
Local Civil Rule 6.1, defendant received an extension of time to and including December 10,2013,
to file an answer or other responsive pleading [D.E. 17]. On December 10, 2013, defendant filed
an answer to plaintiffs amended complaint [D.E. 24].
Rule 55( a) of the Federal Rules of Civil Procedure provides for entry of default against a
party who "has failed to plead or otherwise defend." Defendant timely filed a responsive pleading
on December 10, 2013. Accordingly, plaintiffs motion for entry of default is DENIED [D.E. 18].
SO ORDERED. This

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1!_ day of December 2013.