Banner Life Insurance Company v. Bonney et al

Filing 97

OPINION AND ORDER finding that in the interests of justice and for good cause shown, the answer submitted by Defendant Majka on August 29, 2011, is hereby ordered filed and issue shall be joined thereon. Signed by District Judge Robert G. Doumar and filed on 9/14/2011. (rsim)

FILED

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

ctrp

1 4 20h

C:.:.

BANNER LIFE INSURANCE COMPANY,
Plaintiff,
v.

Civil Action No. 2:11 cvl98

JOHN W. BONNEY
as Administrator of

the ESTATE OF CLYDE B. PITCHFORD, JR., et al.
Defendants.

OPINION AND ORDER

On May 31, 2011, plaintiff Banner Life Insurance Company ("Banner") filed an
Amended Complaint for Interpleader ("Amended Complaint") adding several defendants to this
case. Ed Majka was named as a Defendant in the Amended Complaint, and was served with a
copy of the same on June 29, 2011. Defendant Majka did not file any responsive pleadings by
the July 20, 2011 deadline imposed by Federal Rule of Civil Procedure 12(a)(l)(A).
Accordingly, on August 12, 2011, pursuant to Banner's request, the Clerk of Court entered a
default judgment against Defendant, pursuant to Federal Rule of Civil Procedure 55(a).
On August 29, 2011, Defendant filed an Answer to the Amended Complaint. In his

Answer, Defendant requested that the Court remove the entry of default judgment "due to error
in filing incorrect forms." Banner docs not oppose Defendant Majka's request that the Court set
aside the Clerk's Entry of Default.

The Court finds in the interests of justice and for good cause shown, the answer
submitted by Defendant Majka on August 29, 2011, is hereby ordered filed and issue shall be
joined thereon. The Clerk of Court is DIRECTED to send a copy of this Order to all Counsel of
Record and to Defendant Ed Majka.
IT IS SO ORDERED.

Robert G.:

Senior Unitdd'S^^strict Judge
Norfolk, Virginia

September ^7,2011