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Court gives opposing party 15 days to respond before granting default on counterclaim
Summary
After the movant sought default on a counterclaim, the judge ordered the opposing party to have 15 days to respond; if no response is filed, the court said default would be entered without further hearing.
The presiding judge granted a request to pursue a default judgment on a counterclaim but gave the opposing party 15 days to respond before the court would grant default without further hearing.
Counsel for the movant reported that a counterclaim defendant had been served and had not filed an answer despite repeated efforts to contact opposing counsel. The movant asked for a default judgment as to the counterclaim. The judge ordered that the opposing party be given 15 days to respond to the motion for default; if no response is filed within that period, the court said the motion for default would be granted without further hearing.
The court entered the 15-day response window on the record and directed counsel how the motion would proceed in the absence of a response.
