Malibu Media, LLC v. DOE

Filing 22

ORDER finding as moot 14 Motion for Default Judgment; granting 17 Motion to Set Aside Default and Vacates 12 Entry of Default. Signed by Judge Gregory L. Frost on 2/19/15. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
MALIBU MEDIA, LLC,
Plaintiff,
Case No. 2:14-cv-828
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

v.
JENNIFER PIRTLE,
Defendant.

ORDER
This matter is before the Court for consideration of Defendant’s motion to set aside the
entry of default (ECF No. 17), Plaintiff’s memorandum in response (ECF No. 20), and
Defendant’s reply memorandum (ECF No. 21). Because the parties have completed briefing
early, the Court shall decide the motion in advance of the scheduled non-oral hearing date.
In her motion, Defendant asks this Court to vacate the November 19, 2014 entry of
default. (ECF No. 12.) Although Plaintiff disagrees with how Plaintiff has characterized the
complaint and this litigation, Plaintiff states in its memorandum in response that it does not
oppose the request. This Court therefore GRANTS the motion to set aside the entry of default
(ECF No. 17) and VACATES the entry of default (ECF No. 12). Consequently, the Clerk shall
terminate the motion for default judgment as moot. (ECF No. 14.) Defendant shall file an
answer or otherwise respond to the amended complaint on or before March 5, 2015.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE