Henderson v. Atlantic Track and Runway Services, LLC et al

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
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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
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