Opinion
Case No. 6:07-cv-571-Orl-31GJK.
February 12, 2008
ORDER
This cause comes before the Court on Motion to Dismiss Complaint for Failure to Timely Serve Process and Alternative Motion to Set Aside Clerk's Default (Doc. No. 14) filed December 21, 2007.
On January 22, 2008, the United States Magistrate Judge issued a report (Doc. No. 16) recommending that the motion be granted in part and denied in part. No objections have been filed. Therefore, it is ORDERED as follows:
1. The Report and Recommendation is CONFIRMED and ADOPTED as part of this Order.
2. The Motion to Dismiss Complaint for Failure to Timely Serve Process and Alternative Motion to Set Aside Clerk's Default is GRANTED and DENIED in part.
3. The Motion to Set Aside Clerk's Default is GRANTED. The Default entered on November 28, 2007 at Doc. No. 13 is hereby VACATED and set aside. The Defendants shall file their responsive pleading within 11 days from the date of this order.
4. The Motion to Dismiss is DENIED.
DONE and ORDERED.