4:23-cv-04078•Henderson v. Atlantic Track and Runway Services, LLC et al
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION DAVEVON HENDERSON PLAINTIFF v. Case No. 4:23-cv-04078 ATLANTIC TRACK AND RUNWAY SERVICES, LLC, RICK SWOPE, & JOHN DUNN DEFENDANTS ORDER Before the Court is Separate Defendant John Dunn’s Motion to Set Aside Entry of Default. ECF No. 40. The Court finds the matter ripe for consideration. On August 18, 2023, Plaintiff filed his Complaint. ECF No. 2. On February 14, 2024, Defendant Dunn was served with process. ECF No. 33. The deadline for Defendant Dunn to file an answer or otherwise respond to Plaintiff’s Complaint was March 6, 2024. Id. Defendant Dunn did not respond by the deadline. On March 14, 2024, Plaintiff filed an Affidavit in Support of Default of Defendant Dunn. ECF No. 38. On March 15, 2024, the Clerk of Court entered default of Defendant Dunn. ECF No. 39. In the instant motion, counsel for Defendant Dunn states that he “first became aware of the service of the complaint upon Dunn and the Plaintiff’s Affidavit in Support of Default in the evening of March 14, 2024.” ECF No. 40, p. 1. Defendant Dunn requests that the Court set aside the entry of default against him to allow him to file an answer to Plaintiff’s Complaint. Id. at 2. Defendant Dunn informs the Court that Plaintiff does not oppose his request. Id. Upon consideration, the Court finds that good cause for the instant motion has been shown. Accordingly, Defendant Dunn’s Motion to Set Aside Entry of Default is hereby GRANTED. The Clerk’s Entry of Default (ECF No. 39) is hereby set aside. Defendant Dunn is Case 4:23-cv-04078-SOH Document 42 Filed 04/15/24 Page 1 of 2 PageID #: <pageID>
2 directed to file an answer or otherwise respond to Plaintiff’s Complaint within seven (7) days of the entry of this Order. IT IS SO ORDERED, this 15th day of April, 2024. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge Case 4:23-cv-04078-SOH Document 42 Filed 04/15/24 Page 2 of 2 PageID #: <pageID>
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