United States of America v. Giles

Filing 11

ORDER signed by Judge Lynn Adelman on 3/9/15 that plaintiffs request to set aside the default judgment 10 is GRANTED and the case is REOPENED. Plaintiff has 21 days to answer the complaint. (cc: all counsel, via USPS to defendant)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 14-cv-978

JEAN P. GILES,
Defendant.
_____________________________________________________________________
DECISION AND ORDER
In August 2014, the United States filed this action against defendant Jean Giles
requesting a civil judgment for debts owed to the U.S. Department of Education. In
November 2014, the United States requested default judgment based on defendant’s
failure to appear, plead, or otherwise defend, and default judgment was entered against
defendant on November 12, 2014. On November 26, 2014, defendant filed a pro se
request to vacate the default judgment. I may set aside a default judgment for good cause.
Fed. R. Civ. P. 55(c). Defendant states that she mistakenly responded to the Assistant U.S.
Attorney prosecuting this case and did not know that she was supposed to write directly
to the court. Given defendant’s pro se status and the fact that no warnings were issued
prior to the entry of default judgment, I find good cause to set aside the default judgment.
Defendant must file an answer to plaintiff’s complaint within 21 days of this order. Failure
to do so may result in another default judgment.
THEREFORE, IT IS ORDERED that plaintiff’s request to set aside the default
judgment (ECF No. 10) is GRANTED and the case is REOPENED. Plaintiff shall have 21
days to answer the complaint.

Dated at Milwaukee, Wisconsin, this 9th day of March, 2015.

s/ Lynn Adelman
_____________________
LYNN ADELMAN
District Judge

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