Sanders v. Synchrony Bank
Filing
27
MEMORANDUM OPINION AND ORDER granting defendant's 10 UNOPPOSED MOTION to Set Aside Default, granting plaintiff's 21 MOTION for Leave to File Amended Complaint, and directing the Clerk to enter the [21-1] Amended Complaint. Signed by Senior Judge David A. Faber on 9/27/2017. (cc: all counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JOSEPH M. SANDERS, III,
Plaintiff,
v.
CIVIL ACTION NO. 1:17-02230
SYNCHRONY BANK,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending before the court is defendant’s “Unopposed Motion to
Set Aside Default” (ECF No. 10) and plaintiff’s “Motion for Leave
to File Amended Complaint” (ECF No. 21).
For the reasons that
follow, plaintiff’s and defendant’s motions are GRANTED.
I.
Defendant’s Unopposed Motion to Set Aside Default
On May 18, 2017, Defendants filed a motion to set aside entry
of default, originally entered on May 8, 2017.
ECF No. 10.
As
noted in the motion, Rule 55(c) of the Federal Rules of Civil
Procedure permits the setting aside of an entry of default for
good cause. Fed. R. Civ. P. 55(c); see also Rasmussen v. American
Nat. Red Cross, 155 F.R.D. 549 (S.D.W. Va. 1994).
Defendant alleges that good cause exists because plaintiff
improperly
served
defendant
and
upon
becoming
aware
of
the
Complaint, plaintiff and defendant informally stipulated to an
extension of the responsive pleading deadline. See id. at ¶¶ 2-6.
Additionally, the motion indicates that plaintiff does not oppose
the
motion.
Id.
For
good
cause
shown,
the
court
grants
defendant’s motion.
II.
Plaintiff’s Motion to Amend Complaint
On August 25, 2017, plaintiff filed its “Motion for Leave to
File
Amended
Complaint.
Complaint”
accompanied
by
its
First
Amended
ECF Nos. 21, 21-1.
Federal Rule of Civil Procedure 15 governs the amendment of
pleadings. Rule 15(a)(1) provides a plaintiff with the opportunity
to amend his or her Complaint once as a matter of course, subject
to certain time limitations.
Rule 15(a)(2), on the other hand,
provides that “In all other cases, a party may amend its pleading
only with the opposing party’s written consent or the court’s
leave.
The
court
should
freely
give
leave
in
writing
when
justice
so
requires.”
Counsel
for
defendant
agreed
proposed amendment on August 25, 2017.
to
plaintiff’s
See ECF No. 22.
In
accordance with Rule 15(a)(2), the court grants plaintiff’s motion
to amend.
III. Conclusion
Accordingly, the court GRANTS defendant’s Motion to Set Aside
Default, GRANTS plaintiff’s Motion for Leave to File Amended
Complaint, and DIRECTS the Clerk to enter the Amended Complaint,
ECF No. 21-1.
The Clerk is directed to forward a copy of this Memorandum
Opinion to all counsel of record.
It is SO ORDERED this 27th day of September 2017.
ENTER:
David A. Faber
Senior United States District Judge
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