Adams v. Substitute Trustee Services, Inc.

Filing 21

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
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-519
GWENDOLYN A. ADAMS,
Plaintiff,
Vs.
SUBSTITUTE TRUSTEE SERVICES, INC.,
Defendant.

)
)
)
)
)
)
)
)
)

ORDER

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.
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

-1-