Vogel v. Roberts

STRUTZ, Chief Judge.

The plaintiffs commenced this action by service of summons and complaint, which the defendants took to their lawyers for the purpose of having an answer prepared and served. The defendants’ attorneys, within the time for answer, served upon the plaintiffs’ counsel a document which they entitled “Notice of Appearance.” This notice in reality was a general denial. The defendants thereafter took no further action, and the plaintiffs served upon them a motion and notice of motion for entry of default judgment. The defendants’ attorneys assert that because of excusable neglect,…