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Ryder Truck Rental, Inc. v. Progressive Se. Ins. Co.

United States District Court, District of Montana
Apr 10, 2023
CV 23-1-BLG-SPW-KLD (D. Mont. Apr. 10, 2023)

Opinion

CV 23-1-BLG-SPW-KLD

04-10-2023

RYDER TRUCK RENTAL, INC., Plaintiff, v. PROGRESSIVE SOUTHEASTERN INSURANCE COMPANY, Defendant.


ORDER

Kathleen L. DeSoto, United States Magistrate Judge

On February 28, 2023, the Clerk of Court entered default against Defendant Progressive Southeastern Insurance Company pursuant to Federal Rule of Civil Procedure 55(a). (Doc. 8). On March 24, 2023, Defendant entered an appearance in the case and filed a motion to dismiss for insufficient process pursuant to Rule 12(b)(4) and set aside the default. (Doc. 11).

On April 7, 2023, Plaintiff Ryder Truck Rental, Inc. filed a joint status report (Doc. 13) stating that the parties have stipulated to set aside the entry of default, with each party to bear its own costs and fees, and that Defendant will proceed with filing its Answer and Counterclaim. (Doc. 13). Plaintiff has also filed a response brief stating that it does not oppose Defendant's motion to set aside the entry of default. (Doc. 14). Accordingly,

IT IS ORDERED that Defendant's motion to set aside the entry of default (Doc. 11) is GRANTED. The default entered by the Clerk of Court on February 28, 2023 (Doc. 8) is hereby VACATED, with each party to bear its own fees and costs, and the case will proceed as stipulated to by the parties.


Summaries of

Ryder Truck Rental, Inc. v. Progressive Se. Ins. Co.

United States District Court, District of Montana
Apr 10, 2023
CV 23-1-BLG-SPW-KLD (D. Mont. Apr. 10, 2023)
Case details for

Ryder Truck Rental, Inc. v. Progressive Se. Ins. Co.

Case Details

Full title:RYDER TRUCK RENTAL, INC., Plaintiff, v. PROGRESSIVE SOUTHEASTERN INSURANCE…

Court:United States District Court, District of Montana

Date published: Apr 10, 2023

Citations

CV 23-1-BLG-SPW-KLD (D. Mont. Apr. 10, 2023)