Opinion
15-cv-14465
03-22-2022
CARL BENNETT, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER (1) TERMINATING PLAINTIFF'S MOTION FOR A DEFAULT JUDGMENT (ECF NO. 185) WITHOUT PREJUDICE AND (2) SETTING BRIEFING SCHEDULE ON DEFENDANT KAY GARLAND'S MOTION TO SET ASIDE DEFAULT (ECF NO. 206)
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
On October 9, 2020, the Court the Clerk of the Court entered a default in this action against Defendant Kay Garland due to Garland's failure to appear. (See Order, ECF No. 176; Clerk's Entry of Default, ECF No. 177.) Now pending before the Court is Bennett's motion for a default judgment on his claims against Garland. (See Mot. for Default Judgment, ECF No. 185.) On March 14, 2022, Garland appeared, filed a motion to set aside the default, and filed a response to the motion for a default judgment. (See Mot. to Set Aside Default, ECF No. 206; Resp. to Mot. for Default Judgment, ECF No. 207.)
The Court held a hearing on the motion for a default judgment on March 22, 2022. For the reasons explained on the record during the motion hearing, the Court concludes that the most appropriate and efficient course of action is to first decide Garland's motion to set aside the default and then, if necessary, allow Bennett to seek a default judgment.
Accordingly, for the reasons explained on the record, IT IS HEREBY ORDERED as follows:
• Bennett's motion for a default judgment (ECF No. 185) is TERMINATED WITHOUT PREJUDICE Bennett may re-file that motion, if necessary, in the event that the Court denies Garland's motion to set aside the default;
• Bennett shall file a response to Garland's motion to set aside the default (ECF No. 206) by no later than April 5, 2022 ;
• Garland shall file a reply brief in further support of her motion to set aside the default by no later than April 15, 2022 .
IT IS SO ORDERED.