Todd v. Liberty Life Assurance Company of Boston

Middle District of Florida, flmd-8:2017-cv-01192

ORDER granting {{10}} Motion to Vacate, accepting {{9}} Answer to Complaint, setting aside {{8}} Clerk's Entry of Default. Signed by Judge James D. Whittemore on 6/23/2017. (AEN)

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PageID 98 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MICHAEL TODD, Plaintiff, Case No: 8: 17 - cv - 1192 - T - 27TBM LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant. ORDER BEFORE THE COURT is Defendant Liberty Life Assurance Company of Boston's Unopposed Motion to Set Aside Clerk's Default Dated June 16, 2017 (Dkt. 10) . Upon consideration, good cause exists to set aside the default and the Motion is GRANTED. ' The Clerk's default (Dkt. 8) is SET ASIDE. Defendant's Answer and Affirmative Defenses (Dkt. 9) is accepted. 23 DONE AND ORDERED this day of June, 2017, estettuna JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of Record The Clerk's entry of default may be set aside for " good cause, " Fed. R. Civ. P. 55 (c), a less rigorous standard than that for setting aside a default judgment. EEOC v. Mike Smith Pontiac GMC, Inc ., 896 F. 2d 524, 528 (11th Cir. 1990) (citation omitted) . Defendant's failure to timely answer was due to miscalculating the response date, which Defendant acted promptly to correct, such that Plaintiff will not suffer any prejudice.