Opinion
No. CIV S-11-1442 MCE CKD
09-06-2011
ORDER
Default was entered against defendant on August 24, 2011. Defendant now moves to set aside the default, contending that a letter was sent to the court on August 17, 2011 which defendant intended as the answer to the complaint. Good cause appearing, IT IS
HEREBY ORDERED that:
1. The motion to set aside default (dkt. no. 11) is granted;
2. The Clerk's entry of default (dkt. no. 10) is vacated;
3. The court construes defendant's letter, dated August 17, 2011, as defendant's answer to the complaint. The Clerk of Court is directed to docket as an answer the August 17, 2011 letter (dkt. no. 11, pages 2-5).
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE