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Carey v. Nation Point Loan Services

March 23, 2010

PAUL CAREY, PLAINTIFF,
v.
NATION POINT LOAN SERVICES, HOME LOAN SERVICES, AND TROTT & TROTT, P.C., DEFENDANTS.



The opinion of the court was delivered by: John Corbett O'Meara United States District Judge

Honorable John Corbett O'Meara

ORDER GRANTING TROTT & TROTT'S MOTION TO SET ASIDE DEFAULT

This matter came before the court on defendant Trott & Trott's motion to set aside entry of default. Plaintiff Paul Carey filed a response entitled "Statement of Facts." No oral argument was heard. LR 7.1(e)(2)(E.D. Mich. Dec. 1, 2005).

Pursuant to Rule 55(c) of the Federal Rules of Civil Procedure, a court may set aside an entry of default "for good cause shown." The court has broad discretion in determining what constitutes "good cause" and whether it should set aside the default entry. Golden v. National Finance Adjusters, 555 F. Supp. 42, 44 (E.D. Mich. 1982).

In this case, Plaintiff failed to execute proper service of process. A document was delivered to Trott & Trott's Farmington Hills, Michigan office; however, the document failed to include a summons or any contact information for the plaintiff. Furthermore, the document was delivered to Brian Yoho, who is not an officer of, managing or general agent for, or agent authorized to receive process for Trott & Trott, P.C. A defendant is not required to appear or defend an action absent proper service of both a summons and a complaint. Therefore, there exists good cause for this court to set aside the entry of default.

ORDER

It is hereby ORDERED that defendant Trott & Trott's motion to set aside entry of default is GRANTED.

20100323

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