DEFENDANT’S MOTION TO CORRECT RECORD TO PROPERLY
Post# of 7795
Posted On: 09/05/2015 8:10:40 AM
DEFENDANT’S MOTION TO CORRECT RECORD TO PROPERLY
REFLECT THAT THE CLERK’S DEFAULT WAS VACATED AND
DEFENDANT’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES
Defendant, $17MM Man, (edited) pro se, files this Motion to Correct the Record to reflect that the Clerk’s Default was Vacated and that the Defendant’s Amended Answer and Affirmative Defenses were deemed filed, and states as follows:
1. On November 5, 2014, Defendant filed a Motion to Vacate Clerk’s
Default and Motion for Leave to Amend Answer and Affirmative Defenses (along with the proposed Amended Answer and Affirmative Defenses. The foregoing Motion is incorporated herein.
2. At a hearing with the prior judge in this case, the judge ruled in open court that the Clerk’s default was vacated and that I had permission to file an Amended Answer and Affirmative Defenses. It was my understanding that the Court asked Plaintiff’s counsel to prepare an order which apparently did not take place. As a result, the Clerk’s Default entered on September 26, 2014 (the same day that my original Answer was filed) still shows as not vacated. (FILED NOVEMBER 5, 2014) WAS DEEMED FILED
3. I set out excusable neglect and meritorious defenses in the Motion to
Vacate (and the prior judge granted said Motion).
4. In the unlikely event the Court does not find that the Motion to Vacate was granted by the prior Judge, Defendant requests that this Court grant said Motion to Vacate and deem the Amended Answer and Affirmative Defenses filed.
WHEREFORE Defendant, $17MM Man, pro se, requests this Court grant this Motion, enter an order vacating the Clerk’s Default and deeming the Amended Answer and Affirmative Defenses was filed as of November 5, 2015, and such other and further relief this Court deems just and proper.
I hereby certify that this Motion was emailed and mailed to Craig A. Huffman, Esq., 13046 Racetrack Road, Tampa, Florida 33626 on August 27, 2015,
11/05/2014 MOTION TO VACATE
CLERKS DEFAULT AND MOTION FOR LEAVE TO AMEND ANSWER AND AFFIRMATIVE DEFENSE
Party: $17MM Man
11/05/2014 MOTION TO - FOR
DENY PLTFS MOTION FOR FINAL DAMAGES DETERMINATION AND PLTFS MOTION FOR SANCTIONS
Party: $17MM Man
11/05/2014 ANSWER AND AFFIRMATIVE DEFENSES
Party: $17MM Man
11/21/2014 NOTICE OF SERVICE OF INTERROGATORIES
11/21/2014 REQUEST TO PRODUCE
11/21/2014 INTERROGATORIES
11/25/2014 NOTICE OF PRODUCTION FROM NON PARTY SUBPOENA ATTACHED
11/25/2014 LETTER FROM
DARRELL VOLENTINE REQUESTING THE DISCOVERY
Party: $17MM Man
12/01/2014 REQUEST TO PRODUCE
12/02/2014 NOTICE OF PRODUCTION FROM NON PARTY SUBPOENA ATTACHED
12/17/2014 ANSWER
TO COMPLAINT
Party: $17MM Man
01/08/2015 ORDER ON
DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERRGOTORIES AND RESPONSES TO REQUESTS TO PRODUCE..................GRANTED........01/06/15
MJC
REFLECT THAT THE CLERK’S DEFAULT WAS VACATED AND
DEFENDANT’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES
Defendant, $17MM Man, (edited) pro se, files this Motion to Correct the Record to reflect that the Clerk’s Default was Vacated and that the Defendant’s Amended Answer and Affirmative Defenses were deemed filed, and states as follows:
1. On November 5, 2014, Defendant filed a Motion to Vacate Clerk’s
Default and Motion for Leave to Amend Answer and Affirmative Defenses (along with the proposed Amended Answer and Affirmative Defenses. The foregoing Motion is incorporated herein.
2. At a hearing with the prior judge in this case, the judge ruled in open court that the Clerk’s default was vacated and that I had permission to file an Amended Answer and Affirmative Defenses. It was my understanding that the Court asked Plaintiff’s counsel to prepare an order which apparently did not take place. As a result, the Clerk’s Default entered on September 26, 2014 (the same day that my original Answer was filed) still shows as not vacated. (FILED NOVEMBER 5, 2014) WAS DEEMED FILED
3. I set out excusable neglect and meritorious defenses in the Motion to
Vacate (and the prior judge granted said Motion).
4. In the unlikely event the Court does not find that the Motion to Vacate was granted by the prior Judge, Defendant requests that this Court grant said Motion to Vacate and deem the Amended Answer and Affirmative Defenses filed.
WHEREFORE Defendant, $17MM Man, pro se, requests this Court grant this Motion, enter an order vacating the Clerk’s Default and deeming the Amended Answer and Affirmative Defenses was filed as of November 5, 2015, and such other and further relief this Court deems just and proper.
I hereby certify that this Motion was emailed and mailed to Craig A. Huffman, Esq., 13046 Racetrack Road, Tampa, Florida 33626 on August 27, 2015,
11/05/2014 MOTION TO VACATE
CLERKS DEFAULT AND MOTION FOR LEAVE TO AMEND ANSWER AND AFFIRMATIVE DEFENSE
Party: $17MM Man
11/05/2014 MOTION TO - FOR
DENY PLTFS MOTION FOR FINAL DAMAGES DETERMINATION AND PLTFS MOTION FOR SANCTIONS
Party: $17MM Man
11/05/2014 ANSWER AND AFFIRMATIVE DEFENSES
Party: $17MM Man
11/21/2014 NOTICE OF SERVICE OF INTERROGATORIES
11/21/2014 REQUEST TO PRODUCE
11/21/2014 INTERROGATORIES
11/25/2014 NOTICE OF PRODUCTION FROM NON PARTY SUBPOENA ATTACHED
11/25/2014 LETTER FROM
DARRELL VOLENTINE REQUESTING THE DISCOVERY
Party: $17MM Man
12/01/2014 REQUEST TO PRODUCE
12/02/2014 NOTICE OF PRODUCTION FROM NON PARTY SUBPOENA ATTACHED
12/17/2014 ANSWER
TO COMPLAINT
Party: $17MM Man
01/08/2015 ORDER ON
DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERRGOTORIES AND RESPONSES TO REQUESTS TO PRODUCE..................GRANTED........01/06/15
MJC
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