Opinion
Case No. 06-12214.
November 7, 2007
ORDER
This matter is before the Court sua sponte, based on the clerk's erroneous entry of 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.
Pursuant to Plaintiff's request, a clerk's entry of default was entered on November 6, 2007 against Third Party Defendant Reginald Ellsworth. Because Ellsworth filed an Answer, default should not have been entered. Accordingly, it is hereby set aside.