Summary
noting that "the standard imposed on the defaulting party for setting aside an entry of default is different from and less burdensome than the standard for setting aside a default judgment"
Summary of this case from Radio Sys. Corp. v. E.A. Distribution, Inc.Opinion
Case No. 6:08-cv-1394-Orl-22DAB.
January 5, 2009
ORDER
This cause is before the Court on the Final Motion for Default Judgment (Doc. No. 11) and on Defendant's Amended Motion to Set Aside Default and for Summary Judgment (Doc. No. 18).
The United States Magistrate Judge has submitted a report recommending that the Final Motion for Default Judgment be denied as moot, that the Motion to Set Aside Default be granted, and the Motion for Summary Judgement be denied.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendations.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed December 10, 2008 (Doc. No. 24) is ADOPTED and CONFIRMED and made a part of this Order.
2. Defendant's Amended Motion to Set Aside Default and for Summary Judgment (Doc. No. 18) is granted in part and denied in part. The Motion to Set Aside Default is granted. The Clerk is directed to vacate the default (Doc. No. 10). The Motion for Summary Judgement is denied.
3. The Final Motion for Default Judgment (Doc. No. 11) is denied as moot.
4. The Defendant is directed to file an Answer to the Complaint within eleven days.
5. The Magistrate Judge is directed to enter a Scheduling Order.
DONE and ORDERED in Chambers, in Orlando, Florida.