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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
Satisfied Customers: 9934
Experience:  Practing General Attorney,
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Is it an abuse of Discretion to allow a Defendant who has had

Resolved Question:

Is it an abuse of Discretion to allow a Defendant who has had a Clerk's Entry of Default entered in against them pursuant to FRCP 55 a to speak for a period of over four months in a said action (in the U.S. District Courts) before an Order was issued attempting to remove the interlocutory act of the Clerk's Entry of Default? Keep in mind, the Defendants never filed a Motion to Vacate the Default pursuant to FRCP 55 c in said case in that four month period...
Submitted: 6 years ago.
Category: Legal
Expert:  Daniel Solutions replied 6 years ago.
Thank you for allowing us to assist you with this problem.

No it is not an abuse of discretion because the default order could be removed upon a motion to reopen which is different than a motion to vacate based upon the reason the person was raising and the only way to know is to listen.
Customer: replied 6 years ago.
No such Motion To Reopen was ever filed in said action by the Defendants and the Court's Order directing the Clerk's Entry of Default to be removed used ONE case law as reference to take such action...the problem with that case law to do such is that it involved a case where a Default Judgment had been granted and an evidentary hearing given to prove damages for which never was an occurrence for the case in question herein...
Expert:  Daniel Solutions replied 6 years ago.
There has to be a motion of some type even if it was accepted orally by the court. So if youre stating that never happened then you can file an appeal if the judgment of default if vacated.
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