Albert Levine Associates, Inc. v. Kershner

Memorandum

MOTLEY, District Judge.

This is an action for breach of contract. Plaintiff filed notice for entry of default judgment against defendants and now moves for judgment thereon on *451the ground that defendants’ answer is untimely. It is clear that defendants’ answer was filed a week late. Under Rule 55(c), the court for good cause shown may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60 (b).

A motion of this kind is addressed to the sound discretion of the trial court, Provident Sec. Life Ins. Co. v. Gorsuch,…