-DEM Banner Life Insurance Company v. Bonney et al, No. 2:2011cv00198 - Document 98 (E.D. Va. 2011)

Court Description: OPINION AND ORDER; On August 29, 2011, Defendant filed an Answer to the Amended Complaint. In his Answer, Defendant requested that the Court remove the entry of default judgment "due to error in filing incorrect forms." Banner does not oppo se Defendant Marjorie Majka's request that the Court set aside the Clerk's Entry of Default. The Court finds in the interests of justice and for good cause shown, the answer submitted by Defendant Marjorie Majka on August 29,2011, is hereby ordered filed and issue shall be joined thereon. Signed by District Judge Robert G. Doumar and filed on 9/15/11. (jcow, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF V irginiaFILED Norfolk Division SEP BANNER LIFE INSURANCE COMPANY, C:A:! K.U..S i 5 2011 -!ST!?i(ri COcHT Plaintiff, v. Civil Action No. 2:llcvl98 JOHN W. BONNEY as Administrator of the ESTATE OF CLYDE B. PITCHFORD, JR., et al. Defendants. OPINION AND ORDER On May 31,2011, plaintiff Banner Life Insurance Company ("Banner") filed an Amended Complaint for Interpleader ("Amended Complaint") adding several defendants to this case. Marjorie Majka was named as a Defendant in the Amended Complaint, and was served with a copy of the same on June 29, 2011. Defendant Marjorie Majka did not file any responsive pleadings by the July 20, 2011 deadline imposed by Federal Rule of Civil Procedure 12(a)(l)(A). Accordingly, on August 12, 2011, pursuant to Banner's request, the Clerk of Court entered a default judgment against Defendant, pursuant to Federal Rule of Civil Procedure 55(a). On August 29,2011, Defendant filed an Answer to the Amended Complaint. In his Answer, Defendant requested that the Court remove the entry of default judgment "due to error in filing incorrect forms." Banner docs not oppose Defendant Marjorie Majka's request that the Court set aside the Clerk's Entry of Default. The Court finds in the interests ofjustice and for good cause shown, the answer submitted by Defendant Majka on August 29,2011, is hereby ordered filed and issue shall be joined thereon. The Clerk of Court is DIRECTED to send a copy of this Order to all Counsel of Record and to Defendant Ed Majka. IT IS SO ORDERED. 'istrict Judge Norfolk, Virginia September p. 2011

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