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Brandon & Schmidt (Carbondale, IL)
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Response | Filed: April 29, 2024 | Entered: April 29, 2024 Prak et al v. Skaf et al
Real Property: Other | Illinois Southern
Response in Opposition to Motion
RESPONSE in Opposition re 135 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit A)(Prak, Captain)
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Motion | Filed: April 24, 2024 | Entered: April 24, 2024 Prak et al v. Skaf et al
Real Property: Other | Illinois Southern
Preliminary Injunction
MOTION for Preliminary Injunction by Khalid Skaf, Rana Skaf. (Sanders, Elisha)
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Order | Filed: April 19, 2024 | Entered: April 19, 2024 Prak et al v. Skaf et al
Real Property: Other | Illinois Southern
Order ~Util - Terminate Motions ~Util - Set Deadlines
ORDER re Defendant Daniel Lutchka's 130 Motion to Set Aside the Clerk's Entry of Default. Although this case was removed to this Court on October 17, 2023, Lutchka did not become a party until March 4, 2024 via the 113 Second Amended Complaint. On 4/4/2024, the 129 Entry of Default was entered and mailed to Lutchka. On 4/10/2024, Lutchka contacted the Court and advised that he was not provided the exhibits to the SAC and that he was attempting to obtain counsel, but that he would proceed pro se. On 4/18/2024, Lutchka filed this motion. Rule 55(c) of the Federal Rules of Civil Procedure allows the Court to set aside an entry of default for "good cause". This Court finds that there was good cause and that Lutchka acted expeditiously in resolving this matter. Indeed, the Seventh Circuit prefers that cases be resolved on the merits. See, e.g., Cracco v. Vitran Exp., Inc., 559 F.3d 625, 631 (7th Cir. 2009) (Our cases articulate a policy of favoring trial on the merits over default judgment). Accordingly, 130 Motion is GRANTED and the Clerk shall vacate the entry of default. Additionally, Lutchka's 131 Motion for Extension of Time is GRANTED; Lutchka must file an answer or responsive pleading on or before May 20, 2024. Signed by Judge Stephen P. McGlynn on 4/19/2024. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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