The Adam Group, Inc. of Middle Tennessee v. Tunnell et al

Filing 69

ORDER denying 63 Motion for Entry of Default. Signed by Keith Throckmorton, Clerk of Court on 8/13/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

The Adam Group, Inc. of Middle Tennessee,
Plaintiff,
v.
Daniel Christopher Tunnell, et al.,
Defendants

)
) Case No. 3:13-cv-0258
)
) Judge Sharp
) Magistrate Judge Bryant
)
)
)
)

DENIAL OF DEFAULT
Pending is Plaintiff’s Application for Entry of Default (Docket Entry No. 63) against
Defendants. The application is denied as Defendants have filed an Answer (Docket Entry No. 67).
Though the Answer was filed beyond the time period permitted by law, the Clerk declines to enter
default. The Defendants are represented by counsel and actively involved in defending the case. Absent

a showing of prejudice, which was not pled by the Plaintiff and is not found by the Clerk, default will
not be entered. Default is not to be granted lightly. “Judgment by default is a drastic step which
should be resorted to only in the most extreme cases.” United Coin Meter Co., Inc. v. Seaboard
Coastline RR. 705 F.2d 839 (6thCir.1983).

s/ Keith Throckmorton
Keith Throckmorton
Clerk of Court