Pride Energy Company v. Carver et al

Filing 26

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 17 Motion to Set Aside Default. (KT)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHWESTERN DIVISION Pride Energy Company, ) ) Plaintiff, ) ) vs. ) ) Chris Carver d/b/a Carv Dog Well Services ) and Calrod Investments, LLC d/b/a Calrod ) Transport, ) ) Defendants. ) ORDER GRANTING MOTION TO SET ASIDE ENTRY OF DEFAULT Case No. 4:14-cv-035 Before the court is a “Motion to Set Aside Entry of Default” filed by defendant Calrod Investments, LLC d/b/a Calrod Transport (“Calrod”) on November 5, 2014. Calrod requests the court to set aside the Entry of Default filed by the Clerk of Court on August 12, 2014, and to grant Calrod leave to file an answer to the complaint. Plaintiff Pride Energy Company filed its response to the motion on November 26, 2014. Although plaintiff does not agree with Calrod’s arguments in its brief supporting the motion, plaintiff does not oppose the motion. Accordingly, the court GRANTS the motion (Docket No. 17) and pursuant to Fed. R. Civ. P. 55(c), ORDERS the Clerk’s Entry of Default (Docket No. 15) set aside. Calrod shall file its answer or otherwise respond to plaintiff’s complaint by December 12, 2014. Dated this 1st day of December, 2014. /s/ Charles S. Miller, Jr. Charles S. Miller, Jr., Magistrate Judge United States District Court

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