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Lee v. Amerisist Assisted Living Amerisist Management Co.

United States District Court, W.D. Virginia, Charlottesville Division
Jun 27, 2006
Civil Action No. 3:06-CV-0002 (W.D. Va. Jun. 27, 2006)

Opinion

Civil Action No. 3:06-CV-0002.

June 27, 2006


ORDER AND OPINION


This matter is before the Court on Plaintiff's Motion to Reconsider, filed on June 16, 2006. This motion is hereby DENIED. Plaintiff filed her brief in opposition to Defendants' motion to set aside default on June 15, 2006. The Court considered this brief, determined that Defendants' motion should nonetheless be granted, and entered an order to that effect on June 16, 2006. Plaintiff's arguments against the existence of a meritorious defense are more appropriate to the summary judgment phase of litigation; all that a defendant must do to show a meritorious defense for purposes of relief from entry of default is proffer evidence which, if believed, would permit a court or jury to find for the defaulting party. United States v. Moradi, 673 F.2d 725, 727 (4th Cir. 1982). As the Court's Order of June 16 noted, Defendant has met that burden here. Accordingly, Plaintiff's Motion to Reconsider must be denied.

It is so ordered.

The Clerk of the Court is directed to send a copy of this Order to all parties.


Summaries of

Lee v. Amerisist Assisted Living Amerisist Management Co.

United States District Court, W.D. Virginia, Charlottesville Division
Jun 27, 2006
Civil Action No. 3:06-CV-0002 (W.D. Va. Jun. 27, 2006)
Case details for

Lee v. Amerisist Assisted Living Amerisist Management Co.

Case Details

Full title:DANIELLE F. LEE Plaintiff, v. AMERISIST ASSISTED LIVING AMERISIST…

Court:United States District Court, W.D. Virginia, Charlottesville Division

Date published: Jun 27, 2006

Citations

Civil Action No. 3:06-CV-0002 (W.D. Va. Jun. 27, 2006)