MOYA v. PENN CREDIT CORPORATION

Case No. 8:17-cv-1589-T-26JSS.

DAVID MOYA, Plaintiff, v. PENN CREDIT CORPORATION, Defendant.

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

Editors Note
Cause: Restrictions on Use of Telephone Equipment
Nature of Suit: 480 Consumer Credit
Source: PACER


Attorney(s) appearing for the Case

David Moya, Plaintiff, represented by Maxie Broome, Jr. , Maxie Broome, Jr., PA.

Penn Credit Corporation, Defendant, represented by Charles James McHale, Jr. , Golden Scaz Gagain, PLLC.


ORDER

RICHARD A. LAZZARA, District Judge.

UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this case, it is ORDERED AND ADJUDGED that Plaintiff's Motion for Default Judgment (Dkt. 11) is denied. Defendant, through counsel, filed yesterday, August 8th, an Answer, Affirmative Defenses and Jury Demand. Although this pleading was filed several days after the twenty-one day deadline for filing a response to Plaintiff's complaint had expired and after a clerk's default was entered, nevertheless, it would be a gross abuse of this Court's discretion to enter a default final judgment against Defendant. Accordingly, acting sua sponte, the Court directs that the clerk's default is vacated, and this case shall proceed in due course.

DONE AND ORDERED.


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