A. Court Ordered for More Definite Statement and it was submitted on Feb 2
B. Def. responded 16 days later
with FRCP 12 b 6 motion which goes against FRCP 12 e stating that it must be within 14 days...
C. Plaintiff had Clerk's Entry of Default entered in on same day (i.e. 16 days later on Feb 18 which can be clearly seen on Docket) pursuant to FRCP 55 a
The discrepency entails how the Clerk's Entry of Default (55 a) was docketed on Feb 2 and sat there for a period of some four months without any clarification as to its validity; in the said four months Plainitff filed three separate motions for DJ (two pursuant to FRCP 55 b 1 and the last one in accordance with FRCP 55 b 2); when an Order was finally issued by the Court four months later about it, the Order stated that a DEFAULT JUDGMENT had been entered in favor of the Plaintiff and at same time denied all three motions for DJ mentioned herein; the truth of the matter is that only the Clerk's Entry of Default was actually entered in and the Default Judgment along with any type of evidentary hearing never occurred
; Moreover, the Order even called the Clerk's Entry of Default and Default Judgment the same numbered Docket
which again seems unjust and an abuse of discretion; the only case cited in that Order for such action to be taken was (ANHEUSER-BUSCH, INC., Plaintiff-Appellant, v. Irvin P. PHILPOT, III, Defendant-Appellee in the Eleventh Circuit Court
of Appeals = in this case a DJ was entered in an evidentary hearing was held, something that never had occurred in case mentioned herein
I hope this clarifies the situation a little bit and I hope that you can aid and assist me with this matter and scenario...Thanks again for your time and your efforts...