TODD v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON

Case No. 8:17-cv-1192-T-27TBM.

MICHAEL TODD, Plaintiff, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant.

United States District Court, M.D. Florida, Tampa Division.

Editors Note
Applicable Law: 29 U.S.C. § 1132
Cause: 29 U.S.C. § 1132 E.R.I.S.A. - Employee Benefits
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER


Attorney(s) appearing for the Case

Michael Todd, Plaintiff, represented by John V. Tucker , Tucker & Ludin, P.A..

Michael Todd, Plaintiff, represented by William Chris Demas , Tucker & Ludin, P.A..

Liberty Life Assurance Company of Boston, Defendant, represented by Lee W. Marcus , Marcus & Myers, PA.


ORDER

JAMES D. WHITTEMORE, District Judge.

BEFORE THE COURT is Defendant Liberty Life Assurance Company of Boston's Unopposed Motion to Set Aside Clerk's Default Dated June 16, 2017 (Dkt. 10). Upon consideration, good cause exists to set aside the default and the Motion is GRANTED.1 The Clerk's default (Dkt. 8) is SET ASIDE. Defendant's Answer and Affirmative Defenses (Dkt. 9) is accepted.

DONE AND ORDERED.

FootNotes


1. The Clerk's entry of default may be set aside for "good cause," Fed. R. Civ. P. 55(c), a less rigorous standard than that for setting aside a default judgment. EEOC v. Mike Smith Pontiac GMC, Inc., 896 F.2d 524, 528 (11th Cir. 1990) (citation omitted). Defendant's failure to timely answer was due to miscalculating the response date, which Defendant acted promptly to correct, such that Plaintiff will not suffer any prejudice.

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