Opinion
4:06CV3228.
October 10, 2007
ORDER
Pursuant to Fed.R.Civ.P. 55(c), and for good cause shown,
IT IS ORDERED that:
1. Defendant Kevin Diks' motion to set aside default (filing 44) is granted, and the entry of default by the clerk on September 11, 2007 (filing 42), is hereby set aside.
2. Plaintiff's application for entry of default judgment (filing 43) is denied.
Defendant states that the correct spelling of his name is Dix. He has filed a motion to dismiss (filing 45), claiming he was not properly served with summons. That motion is not yet ripe for determination.