Opinion
1:24-cv-02890-MKV
10-21-2024
TADESSE SHIFERAW, Plaintiffs, v. SOHAIL AHMAD, and ARSLAN RIAZ, Defendant.
ORDER VACATING CERTIFICATE OF DEFAULT
MARY KAY VYSKOCIL, UNITED STATES DISTRICT JUDGE
Plaintiffs initiated this action by filing a complaint on April 30, 2024. [ECF No. 6]. On May 23, 2024, Plaintiff filed an Amended Complaint. [ECF No. 10]. The Amended Summons and Complaint were served on Defendant, Arslan Riaz, on July 15, 2024. [ECF No. 16]. On or about August 9, 2024, Plaintiff moved for default judgment against Mr. Riaz. [ECF No. 25]. On August 7, 2024, the Clerk of Court entered a Certificate of Default against Mr. Riaz. [ECF No. 22]. On September 4, 2024, both Defendants, Sohail Ahmad and Arslan Riaz, filed an answer to the Amended Complaint. [ECF No. 28]. On October 4, 2024, Defendants moved to set aside entry of default [ECF No. 29], and on October 17, 2024, Plaintiff moved to withdraw his motion for default judgment, [ECF No. 30].
In light of the Second Circuit's strong preference for resolving disputes on the merits, see Currin v. Williams, 428 Fed.Appx. 21 (2d Cir. 2011), the Clerk of Court's Certificate of Default is HEREBY SET ASIDE.
SO ORDERED.