Phillips v. Flynn

MEMORANDUM AND ORDER

HIGGINBOTHAM, District Judge.

In this diversity action the defendant, Samuel R. Flynn, has, in accordance with Fed.R.Civ.P. 55(c), moved the Court to set aside a default entered against him pursuant to Fed.R.Civ.P. 55(a). For reasons hereinafter set forth, the Court in an equitable exercise of its discretion concludes that defendant’s motion should be granted.

The rather unusual procedural history besetting the parties here should be recited.

This litigation arose out of an automobile collision in Pennsylvania between the plaintiff and defendant Flynn; defendant Flynn was the…