Caruso v. Drake Motor Lines, Inc.

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

On September 8, 1977, a default was entered against defendant Drake Motor Lines as it failed to answer or otherwise respond to the complaint filed by the plaintiffs on May 27, 1977. The defendant moved on October 5, 1977, to set aside the default under Rule 60(b)(1) of the Federal Rules of Civil Procedure. As this case has been recently assigned to this Court, the motion is before it, and the Court, upon consideration of the motion, has decided to grant it.

In this labor case, the plaintiffs are suing their employer, Drake Motor Lines, for breaching…