LEWIS v. TRIBECA LENDING et al

Filing 34

ORDER THAT THIRD PARTY DEFENDANT'S MOTION TO STRIKE AND, IN THE ALTERNATIVE, PETITION TO OPEN AND STAY JUDGMENT 25 SHALL BE CONSTRUED AS A REQUEST TO SET ASIDE ENTRY OF DEFAULT; THIRD PARTY DEFENDANT'S REQUEST TO SET ASIDE ENTRY OF DEFAUL T IS GRANTED; DEFAULT ENTERED AGAINST THIRD PARTY DEFENDANT ON 6/10/09 AND AGAIN ON 7/9/09 SHALL BE SET ASIDE; AND THIRD PARTY PLAINTIFFS' REQUEST FOR DEFAULT JUDGMENT IS DENIED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/16/09. 10/19/09 ENTERED AND COPIES E-MAILED.(ti, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KIA LEWIS, Plaintiff, v. TRIBECA LENDING, et al. Defendants. ) ) ) ) ) ) ) ) ORDER AND NOW, this 16th day of October 2009, upon consideration of Third Party Plaintiffs' Request for Default Judgment [docket entry No. 23], Third Party Defendant's Motion to Strike and, In the Alternative, Petition to Open and Stay Judgment [docket entry No. 25], Third Party Plaintiffs' Responses thereto, after oral argument from the parties, and for the reasons set forth in the attached Memorandum Opinion, it is hereby ORDERED that: 1. Third Party Defendant's Motion to Strike and, In the Alternative, Petition to Open CIVIL ACTION NO. 08-cv-1144 and Stay Judgment [docket entry No. 25] shall be construed as a Request to Set Aside Entry of Default; 2. 3. Third Party Defendant's Request to Set Aside Entry of Default is GRANTED; Default entered against Third Party Defendant on June 10, 2009 and again on July 9, 2009 shall be SET ASIDE; and 4. Third Party Plaintiffs' Request for Default Judgment is DENIED. It is so ORDERED. BY THE COURT: /s/ CYNTHIA M. RUFE CYNTHIA M. RUFE, J.

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