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Kessler v. Wal Mart Stores

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 25, 2009

BRENT KESSLER, PLAINTIFF,
v.
WAL MART STORES, INC., DEFENDANT/THIRD PARTY PLAINTIFF,
v.
TRIMAS CORPORATION AND CEQUENT CONSUMER PRODUCTS, INC., D/B/A HIGHLAND GROUP INDUSTRIES, ACE AMERICAN INSURANCE COMPANY, GREAT DAY, INC., AND NEW DAY ENTERPRISES, INC. F/K/A API OUTDOORS, INC., INTEGRATED SAFETY, LLC, D/B/A FALL GUY, AND GORILLA, INC., THIRD PARTY DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

On September 14, 2007, Plaintiff filed the above-captioned action against Wal- Mart Stores, Inc. (Doc. 2). After this Court granted leave to do so, Wal-Mart filed a third-party complaint against various third-party defendants (Doc. 23). When third-party defendants Great Day, Inc. and New Day Enterprises, Inc. failed to file an answer, Wal-Mart moved the clerk to enter default judgment against these defendants (Doc. 60). Consequently, on February 11, 2009, the Clerk of the Court entered default (Doc. 61).

On February 24, 2009, Great Day, Inc. and New Day Enterprises, Inc. moved this Court to set aside the entry of default (Doc. 69). Accompanying the third-party defendants' motion is a document signed by counsel for these defendants and Wal-Mart, stipulating that the entry of default should be set aside (Doc. 69-2).

As Wal-Mart agrees that default should be set aside, the Court hereby GRANTS the third-party defendants' motion (Doc. 69) and VACATES the entry of default (Doc. 61).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20090225

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