Adams v. Substitute Trustee Services, Inc.
ORDER granting 18 Motion to Strike. Plaintiff's Notice of Default (#17) is hereby stricken. Signed by District Judge Max O. Cogburn, Jr on 1/5/2018. (Pro se litigant served by US Mail.)(chh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
DOCKET NO. 3:17-cv-519
GWENDOLYN A. ADAMS,
SUBSTITUTE TRUSTEE SERVICES, INC.,
THIS MATTER is before the court on defendant’s Motion to Strike Plaintiff’s Notice of
Default. Here, plaintiff filed a Notice of Default on January 3, 2018, claiming that defendant had
failed to answer plaintiff’s complaint. However, there is a motion to dismiss (#9), accompanying
response (#12), and reply (#15) all awaiting the court’s judgment. As a result, default is
inappropriate since defendant has not “failed to plead or otherwise defend” in this matter. Fed. R.
Civ. P. 55. Having thus considered defendant’s motion and reviewed the pleadings, the court
enters the following Order.
IT IS, THEREFORE, ORDERED that defendant’s Motion to Strike Plaintiff’s Notice
of Default (#18) is GRANTED. Plaintiff’s Notice of Default (#17) is hereby stricken.
Signed: January 5, 2018
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?