Bell v. Marcelind et al

Filing 29

ORDER granting 25 Motion to Set Aside Default Judgment as to Anders Brunnegard. The Court directs the Clerk to file (Doc. No. 28) as Defendant Brunnegards answer. Signed by Senior Judge Graham Mullen on 3/3/2016. (Pro se litigant served by US Mail.) (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15CV198
KENNETH D. BELL, in his capacity as courtappointed Receiver for Rex Venture Group, LLC
d/b/a ZeekRewards.com,

)
)
)
)
Plaintiff,
)
)
vs.
)
)
NILS OVE MARCELIND, et al.,
)
)
Defendants.
)
________________________________________________)

ORDER

THIS MATTER comes before the Court on what the Court has deemed
Defendant Anders Brunnegard’s motion to set aside the Default Judgment entered against him
in this action. See Doc. No. 26. The Court has considered Defendant Brunnegard’s
communications with the Court, the Receiver’s response and the other evidence and arguments
of record in this action.
Viewed most generously, Defendant Brunnegard argues that he believed that his letter to
the Receiver’s counsel on September 4, 2015 was a sufficient answer to the Complaint in this
action. While Brunnegard failed to p r o p e r l y file the purported “answer” with the Court as
required by the Summons, the Court finds that in light of Mr. Brunnegard’s pro se
status, as well as the fact that he is a Swedish citizen, the circumstances herein
constitute a “mistake” or a reason sufficient to justify relief from the judgment. See Rule 60,
Fed. R. Civ. P. Accordingly, the Court will set aside the default.

After the Receiver filed his response to the motion to set aside default judgment,
Defendant Brunnegard filed a document, along with exhibits, that purports to be an answer.
The Court directs the Clerk to file this document (Doc. No. 28) as Defendant Brunnegard’s
Answer.
IT IS THEREFORE ORDERED that Defendant Brunnegard’s motion to set aside
default judgment is hereby GRANTED.

Signed: March 3, 2016