Opinion
Case No. 06-12214.
November 21, 2007
ORDER
This matter is before the Court on Third Party Plaintiff Adam Plagen's Motion to set aside default. On June 23, 2007, Plaintiff filed a Third Party Complaint against Third Party Defendant Reginald Ellsworth. On July 31, 2007, Third Party Defendant Reginald Ellsworth filed an Answer, including affirmative defenses and counterclaims. However, the Answer was improperly labeled on the docket as a response to a motion. Because of the improper labeling, Third Party Plaintiff did not file an Answer to the counterclaims.
Pursuant to Third Party Defendant's request, a clerk's entry of default was entered on November 7, 2007 against Third Party Plaintiff Adam Plagens. Because the Answer and Counterclaims were improperly labeled, the Court GRANTS Third Party Plaintiff's Motion. The Clerk's Entry of Default against Adam Plagens is hereby set aside.
IT IS SO ORDERED.
PROOF OF SERVICE
I hereby certify that on November 21, 2007, a copy of the foregoing document was served upon counsel of record by electronic means and by ordinary mail upon:Reginald Ellsworth
22155 Ivanhoe Lance
Southfield, MI 48034