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Eastman Kodak Co. v. Camarata

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 12, 2007

EASTMAN KODAK COMPANY, ET AL., PLAINTIFFS,
v.
MARK S. CAMARATA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

Entry of default was made by the Clerk on January 4, 2007, for failure of defendant Constance Roeder to answer the complaint subsequent to the Court's denial of her motion to dismiss. By motion filed January 7, 2007 (Dkt. #240), Roeder moved to vacate the entry of default and for leave to file an answer.

By letter dated January 12, 2007, counsel for plaintiff, Eastman Kodak Company, consented to vacating the entry of default. Therefore, defendant Roeder's motion to vacate is granted.

CONCLUSION

Defendant Constance Roeder's motion to vacate the entry of default (Dkt. # 240) is granted, and the Clerk is directed to vacate that entry.

Defendant Constance Roeder must file and serve its answer within 10 days of entry of this order.

IT IS SO ORDERED.

20070112

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