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Russell v. Rao

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


August 12, 2010

DAVID RUSSELL, PLAINTIFF,
v.
JADA RAO, MD, ABBASEY, MD, DEFENDANTS.

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

DECISION AND ORDER

On or about June 24, 2010, the Clerk of Court noted an entry of default (Dkt. #7) because the defendants had failed to answer or otherwise respond to the complaint. Four days later, the defendants appeared by counsel and filed their answer (Dkt. #9) that same day.

Thereafter, defendants moved to vacate the entry of default (Dkt. #13). Plaintiff has filed a motion (Dkt. #12) for what he describes as a "default hearing."

Defendants obviously did not intend to default here and such was cured within a matter of days. Based on the declaration (Dkt. #16) submitted in support of defendants' motion to vacate entry of default, it is clear that defendants believe they have a meritorious defense.

CONCLUSION

Defendants' motion (Dkt. #13) to set aside entry of default is granted and such entry is vacated.

IT IS SO ORDERED.

20100812

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