Opinion
Case No. 12-14086
01-31-2013
ORDER VACATING DEFAULT, DENYING MOTION FOR DEFAULT JUDGMENT,
AND EXTENDING THE DEADLINE TO SERVE DEFENDANT
Plaintiff submitted a record of the service of Defendant; the clerk, after Defendant failed to appear, entered a default; and Plaintiff moved for a default judgment. Plaintiff now reports that the service was defective but that Defendant has been located and has agreed to accept service. Plaintiff seeks, and shows good cause for seeking, a vacation of the default, a denial of the motion for default judgment, and an extension of the deadline to serve Defendant. Accordingly,
IT IS ORDERED that Plaintiff's January 9, 2013, motion [Dkt. # 9] is GRANTED in that the default [Dkt. # 7] is VACATED, the motion for default judgment [Dkt. # 8] is DENIED WITHOUT PREJUDICE, and the deadline to serve Defendant is EXTENDED to February 28, 2013.
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ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, January 31, 2013, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522