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Yvonne Cox v. Allied Interstate Inc

December 9, 2011

YVONNE COX, PLAINTIFF,
v.
ALLIED INTERSTATE INC, DEFENDANT.



The opinion of the court was delivered by: Gary R. Jones United States Magistrate Judge

ORDER

This matter is before the Court on doc. 8, Unopposed Motion to Vacate Clerk's Entry of Default by Allied Interstate Inc. On November 21, 2011, the Clerk entered default against the defendant pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. The defendant now requests the Court to vacate the Clerk's default pursuant to Rule 55(c) and states that the failure to file a responsive pleading was due to a calendaring error. Rule 55(c) permits the Court to "set aside an entry of default for good cause . . . ." Fed. R. Civ. P. 55(c). Moreover, the plaintiff has no objection to setting aside the default.

Accordingly, it is now ORDERED as follows:

1. The defendant's motion to vacate Clerk's entry of default, doc. 8, is GRANTED.

2. The Clerk's entry of default at doc. 5 is VACATED.

Gary R. Jones

20111209

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