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Act 23: Request for Default Denied!

WHEW!!!
Ever since I learned that Ms. Greenberg had filed a request for a default judgment, I've been afraid that I had screwed up so badly by not answering the Complaint that I had already lost the case. You can't imagine how relieved I was to find out that the case is still alive.

The strange thing is that I needn't have been so worried all that time. It turns out that the clerk denied Ms. Greenberg's request on October 16, 2001 – which I believe was probably the same day on which he received it. But for some reason, according to the postmark, the denial notice was not actually mailed to me until October 22, six days later! I received it on October 24, more than a week after it was entered. During that time, I actually filed two separate motions opposing the default request – which had probably already been denied before I even wrote the first one. (Oh well, I needed the practice...)

Anyway, here's what I found when I opened my mail.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

Taubman Co L P
Plaintiff

v. Webfeats
Defendant

Case No. 2:01-cv-72987T
Honorable Lawrence P. Zatkoff

NOTICE OF DENIAL OF REQUEST
FOR CLERK'S ENTRY OF DEFAULT

On October 15, 2001, plaintiff filed a request, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, for an entry of default.

For the following reasons, a Clerk's Entry of default will not be entered in the plaintiff's favor:

-10/5/01 defendants Webfeats and Henry Mishkoff file a responsive pleading: Memorandum in opposition to plaintiff's motion for preliminary injunction-

Deputy Clerk

CERTIFICATE OF MAILING

I hereby certify that a copy of this notice was mailed to the addressee(s) listed below by ordinary mail on October 16, 2001

Lisa R. Mikalonis, Esq.
Dawn Phillips-Hertz Assoc.
2075 W. Big Beaver Road
Suite 222
Troy, MI 48084

Julie A. Greenberg, Esq.
Gifford, Krass,
280 N. Woodward Avenue
Suite 400
Birmingham, MI 48009-5394

Henry Mishkoff
2661 Midway Road
Suite 224-225
Carrollton, TX 75006

View the Original Notice (in a separate window)