UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
August 12, 2010
DAVID RUSSELL, PLAINTIFF,
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.
Defendants' motion (Dkt. #13) to set aside entry of default is granted and such entry is vacated.
IT IS SO ORDERED.
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