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)

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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-

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