Auto Now Financial Services

Full title: Francisca Martinez, Plaintiff, v. Auto Now Financial Services Incorporated, et al., Defendants.

Court: United States District Court, District of Arizona

Date published: Apr 18, 2022

Facts

On July 2, 2021, Martinez filed her complaint against Defendant Auto Now and Defendant All Star Recovery of Arizona, LLC (“All-Star”) (together, “Defendants”) under the Fair Debt Collection Practices Act, A.R.S. § 47-9609, and common law conversion and battery. (Doc. 1). Martinez alleges that the defendants breached the peace by continuing to repossess her car despite her protest and after the police arrived. (Id. at 7-8). Martinez also alleges that All Star’s staff physically “grabbed” and “wrestled” her while they repossessed her car. 

Issue

Court Judgment

Based on these factors, and the general preference for resolving cases on their merits, the Court concludes that the entry of default in this case should be set aside. Accordingly, it is ordered that Auto Now’s Motion to Set Aside Entry of Default (Doc. 28) is granted. The default entered at Doc. 13 as to Defendant Auto Now is set aside.

It is further ordered that Defendant Auto Now’s answer or other response to the complaint is due by May 2, 2022.

It is further ordered that Defendant Auto Now is bound by the Scheduling Order (Doc. 25) issued by this Court on November 17, 2021. If Defendant Auto Now seeks to extend any deadlines in that order, any such motion is due within two weeks from the date of entry of this order. 

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