Opinion
Case No. 2:10-cv-309-FtM-36SPC.
October 15, 2010
ORDER
This matter comes before the Court on the Parties' Stipulated Motion to Set Aside Default as to Defendants Nathan Efries and Patricia Efries (Doc. #54) filed on October 14, 2010. The Parties inform the Court that counsel for Plaintiff inadvertently submitted its Motion for Entry of Default Against Nathan and Patricia Efries as they were unaware that the Efries were represented by counsel. The Parties have conferred in good faith and agreed that an entry of an Order vacating this Court's entry of clerk's defaults as to Nathan and Patricia Efries is proper. Thus, for good cause shown, the Motion is due to be granted.
Accordingly, it is now
ORDERED:
The Parties' Stipulated Motion to Set Aside Default as to Defendants Nathan Efries and Patricia Efries (Doc. #54) is GRANTED. The Clerk is directed to set aside its entry of clerk's default previously entered as to Defendants Nathan Efries and Patricia Efries only (Doc. #43). This Court's Orders granting Plaintiff's Motion for Entry of Clerk's Default Against Nathan Efries (Doc. #40) and Patricia Efries (Doc. #41) are hereby VACATED.
The Effries shall have up to and including November 5, 2010, to respond to the Amended Complaint.
DONE AND ORDERED at Fort Myers, Florida, this 16th day of October, 2010.