RUSSELL v. RAO

Full title: DAVID RUSSELL, Plaintiff, v. JADA RAO, MD, ABBASEY, MD, Defendants

Court: United States District Court, W.D. New York

Date published: Aug 12, 2010

09-CV-6641L (W.D.N.Y. Aug. 12, 2010)

Opinion

09-CV-6641L.

August 12, 2010

DECISION AND ORDER

DAVID LARIMER, Chief District Judge

On or about June 24, 2010, the Clerk of Court noted an entry of default (Dkt. #7) because the defendants had failed to answer or otherwise respond to the complaint. Four days later, the defendants appeared by counsel and filed their answer (Dkt. #9) that same day.

Thereafter, defendants moved to vacate the entry of default (Dkt. #13). Plaintiff has filed a motion (Dkt. #12) for what he describes as a "default hearing."

Defendants obviously did not intend to default here and such was cured within a matter of days. Based on the declaration (Dkt. #16) submitted in support of defendants' motion to vacate entry of default, it is clear that defendants believe they have a meritorious defense.

CONCLUSION

Defendants' motion (Dkt. #13) to set aside entry of default is granted and such entry is vacated.

IT IS SO ORDERED.