Ruggiano v. Orlando Custom Home Builders LLC

Full title: NICK RUGGIANO and JAYME STEPHENS, Plaintiffs, v. ORLANDO CUSTOM HOME…

Court: United States District Court, Middle District of Florida

Date published: Jan 10, 2022

5:21-cv-581-GAP-PRL (M.D. Fla. Jan. 10, 2022)

Opinion

5:21-cv-581-GAP-PRL

01-10-2022

NICK RUGGIANO and JAYME STEPHENS, Plaintiffs, v. ORLANDO CUSTOM HOME BUILDERS LLC and SEAN MARKS, Defendants.

PHILIP R. LAMMENS UNITED STATES MAGISTRATE JUDGE

ORDER

PHILIP R. LAMMENS UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on Defendants' unopposed motion to set aside clerk's entry of default (Doc. 14) which was entered on January 4, 2022. (Doc. 12). Rule 55(c) of the Federal Rules of Civil Procedure provides that “ [for] good cause shown, the court may set aside entry of default.” The good cause standard under Rule 55(c) is a liberal standard and distinguishable from the more rigorous excusable neglect standard applicable to a request to set aside a default judgment. See Compania Interamericana Export-Import, S.A. v. Compania Dominicana De Aviacion, 88 F.3d 948, 951 (11^th Cir. 1996); EEOC v. Mike Smith Pontiac GMC, Inc., 896 F.2d 524, 527-28 (11^th Cir. 1990).

Here, Defendants were served with a copy of the complaint and summons on December 6, 2021. (Docs. 5, 6). On December 29, 2021, Plaintiffs filed their motion for entry of clerk's default. (Doc. 9). On January 4, 2022, the clerk entered default against Sean Marks and Orlando Custom Home Builders LLC. (Doc. 12). On January 5, 2022, Defendants filed the instant motion. (Doc. 15). According to Defendants, they failed to timely respond to the complaint due to an administrative oversight.

Under these circumstances, Defendants have shown the requisite good cause to set aside the default. Defendants timely moved to set aside the default, there is no suggestion of willfulness in the delay in serving the responsive pleading, there is a meritorious defense, and most importantly, Plaintiff has no objection to Defendants' motion.

Accordingly, Defendants' motion (Doc. 14) is GRANTED and the Clerk's default entered against Sean Marks and Orlando Custom Home Builders LLC on January 4, 2022 (Doc. 12) is hereby SET ASIDE. Within fourteen days of this Order, Defendants shall file its response to Plaintiffs' Complaint (Doc. 1).

DONE and ORDERED.

Copies furnished to:

Counsel of Record Unrepresented Parties