Accel Schools SR LLC v. Hunter

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ACCEL SCHOOLS SR LLC,
Plaintiff, 	Case No. 3:25-cv-303
vs.
TRAVONNA HUNTER, 	District Judge Michael J. Newman
Magistrate Judge Caroline H. Gentry
Defendant.
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ORDER: (1) GRANTING DEFENDANT’S PRO SE MOTION FOR AN EXTENSION OF
TIME TO FILE A MOTION TO SET ASIDE THE CLERK’S ENTRY OF DEFAULT
(Doc. No. 10); (2) SETTING A BRIEFING SCHEDULE; AND (3) PLACING
DEFENDANT ON NOTICE THAT IF SHE DOES NOT FILE A TIMELY MOTION,
PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT MAY BE GRANTED AND
JUDGMENT ENTERED AGAINST DEFENDANT
______________________________________________________________________________
This civil case was filed on September 15, 2025. 	The docket reflects that Defendant
Travonna Hunter was served on September 23, 2025, establishing an answer date of October 14,
2025. 	Doc. No. 5. 	Upon that date, Defendant had not answered and, therefore, it appeared
Defendant was in default. “When a party against whom a judgment for affirmative relief is sought
has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the
clerk must enter the party’s default.” Fed. R. Civ. P. 55(a). Plaintiff filed an application to the
Clerk for entry of default against Defendant on October 23, 2025 (Doc. No. 9), and the Clerk of
Court put on an entry of default on October 28, 2025 (Doc. No. 10). Then, on December 19, 2025,
Defendant filed a pro se letter in response to Plaintiff. Doc. No. 12. Plaintiff filed a motion for
default judgment on December 22, 2025. Doc. No. 13.
The Court liberally construes the letter in Defendant’s favor as a pro se motion for an
extension of time to file a motion to set aside the clerk’s entry of default. Estelle v. Gamble, 429
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U.S. 97, 106 (1976); see United States v. Hawkins, 793 F. App’x 416, 417 n.1 (6th Cir. 2020). For
good cause shown, the Court GRANTS Defendant’s request.
Defendant shall file her motion and accompanying memorandum to set aside the clerk’s
entry of default by February 6, 2026, and Plaintiff shall file their reply by February 20, 2026.
Defendant is placed on NOTICE that if she does not file a timely response, Plaintiff’s motion for
default judgment may be granted and entered against her.
IT IS SO ORDERED.
January 15, 2026 	s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
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