Wilson v. Winstead

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The default of the defendant herein was entered on April 6,1979. Rule 55(a), Federal Rules of Civil Procedure. On the same day, the plaintiff moved for a default judgment. Rule 55(b), Federal Rules of Civil Procedure. On April 9, 1979 the defendant made a motion that such default be set aside and vacated and submitted a proposed answer. Rule 55(c), Federal Rules of Civil Procedure.

The purport of the defendant’s motion under Rule 55(c), supra, is that it is contrary to the “ * * * local custom and practice * * * ” for an attorney to move for…