Chapman v. Henry A. Dreer, Inc.

CLARY, District Judge.

This matter is before me on a motion of the defendant entitled “Motion to Set Aside Default and Default Judgment”. Actually, no judgment has been entered, but the default of the defendant has been noted of record by the Clerk of the Court for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, 28 U.S.C. The motion will be treated, therefore, as a motion to set aside the default.

We have here a situation wherein the defendant filed its answer 30 days after service of the complaint and 5 days after the default was noted on affidavit of…