Stocks v. DoAll Company

Filing 13

DECISION AND ORDER ORDER signed by Judge Lynn Adelman on 4/15/16 granting 8 Motion to Set Aside Default. The Clerk shall set aside the entry of default as to defendant DoAll Company. Further ordering defendant to file a responsive pleading or motion to plaintiffs complaint on or before Friday, April 29, 2016. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________
SHERRI L. STOCKS,
Plaintiff,
v.

Case No. 15-cv-1496

DOALL COMPANY,
Defendant.
______________________________________________________________________
DECISION AND ORDER
Plaintiff Sherri Stocks brings this purported class action against defendant DoAll
Company, alleging federal and state wage and hour law violations. Plaintiff served
defendant on December 18, 2015, making its answer due January 8, 2016. As of
January 19, 2016, defendant had not filed an answer, and the clerk’s office entered
default. Defendant now seeks to set aside the entry of default, stating that defendant
inadvertently missed the deadline due to end-of-year workload and the need to obtain
outside counsel. Plaintiff does not object to the setting aside of the entry of default.
I may set aside a clerk’s entry of default for good cause. Fed. R. Civ. P. 55(c).
Given defendant’s explanation, defendant’s quick action in correcting the default, and
the lack of an objection from plaintiff, I find that there is good cause, and I will order the
clerk to set aside the entry of default.
THEREFORE, IT IS ORDERED that defendant’s motion to set aside default
(ECF No. 8) is GRANTED. The Clerk shall set aside the entry of default as to defendant
DoAll Company.

IT IS FURTHER ORDERED that defendant shall file a responsive pleading or
motion to plaintiff’s complaint on or before Friday, April 29, 2016.
Dated at Milwaukee, Wisconsin this 15th day of April 2016.
s/ Lynn Adelman
________________________________
LYNN ADELMAN
District Judge

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