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Carpenter's Fringe Benefit Funds of Illinois v. Warner

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS


August 29, 2006

CARPENTER'S FRINGE BENEFIT FUNDS OF ILLINOIS, PLAINTIFF
v.
RANDALL J. WARNER AND UNION FLOOR INSTALLATIONS, DEFENDANT

The opinion of the court was delivered by: John A. Gorman United States Magistrate Judge

ORDER

On July 28, 2006, this Court entered default as to Randall J. Warner. Warner has now moved to set aside that default (#10). Plaintiff has filed no opposition to the motion.

Pursuant to Fed.R.Civ.P. 55(c), default may be set aside "for good cause shown." The determination of whether this standard is met is addressed to the sound discretion of this Court. Duling v. Markun, 231 F.2d 833 (7th Cir.), cert. denied 352 U.S. 870 (1956). Defaults are generally disfavored. See, Bluegrass Marine Inc. v. Galena Road Gravel, Inc., 211 F.R.D. 356 (S.D.Ill. 2002).

I find that the explanation for the default articulated in the motion constitutes good cause. Accordingly the motion to set aside default is ALLOWED, and entry of default is hereby set aside. As a result, the pending motion for default judgment (#7) is MOOT.

This case is set for a Rule 16 conference in person on September 19, 2006, at 10:30 a.m. If the parties file a Report of Planning pursuant to Fed.R.Civ.P. 16 prior to September 15, 2006, the conference will be by telephone and the court will place the call.

20060829

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