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Miller v. Aubin

Default's Entry Vacated for 'Good Cause' Under FRCP 55(c); No Prejudice From Vacatur

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   Plaintiff commenced this action on March 30, 2020, alleging breach of contract, conversion, fraud, and conspiracy to commit fraud. See Dkt. No. 1. On May 22, 2020, Plaintiff filed an affidavit of service, demonstrating that Defendant Anthony Aubin had been served with the summons and complaint. See Dkt. No. 16. On July 15, 2020, Plaintiff requested that the Clerk enter default against Defendant Aubin, which was entered the following day. See Dkt. Nos. 17 & 18. Currently before the Court is Plaintiff’s motion for default judgment against Defendant Aubin. See Dkt. No. 20. II. BACKGROUND In January of 2020, while shopping online, Plaintiff located a vehicle he wished to purchase; specifically, a 2019 Audi. See Dkt. No. 1 at 9. The Audi was being marketed online for sale by Defendant Aubin. See id. at 10. Upon information and belief, the Audi was owned by Defendant Justin Daniels, who had authorized Defendant Aubin to sell the vehicle on his behalf. See id. at

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