Atchison, Topeka & Santa Fe Railway Co. v. Matchmaker, Inc.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

Pursuant to Rule 60(b), Fed.R.Civ.P., defendant Matchmaker, Inc. moves to vacate the default judgment entered against it on May 15, 1985. Plaintiff responds with a motion to dismiss defendant’s motion to vacate default judgment, and strike it as well as Matchmaker’s tendered answer.

I

Plaintiff AT & SF filed the underlying action on December 13, 1983, to collect unpaid detention charges purportedly owed it by defendants Matchmaker and Castle & Cooke, Inc. Approximately one month later plaintiff amended its complaint and served Matchmaker pursuant…