IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION PASSION RAY, ) ) Plaintiff, ) ) Case No. 3:24-cv-01250 v. ) ) District Judge Eli Richardson GLENN FUNK et al, ) Magistrate Judge Alistair E. Newbern ) Defendants. ) ORDER Pending is Plaintiff’s Motion for Default Judgment against defendants. (Doc. No. 28). Plaintiff filed the pending motion on March 14, 2025. However, defendants have been actively defending this action and have filed motions to dismiss, which remain pending. (Doc. Nos. 8, 16, and 31). “Where a defendant appears and indicates a desire to contest an action, a court may exercise its discretion to refuse to enter default . . .. There is a strong public policy, supported by concepts of fundamental fairness, in favor of trial on the merits.” Higgins v. Dankiw, No. 8:08CV15,

, at *2 (D. Neb. June 24, 2008) (internal citations omitted). The Clerk finds that defendants have expressed a clear intent to defend this action and are not in default. Accordingly, Plaintiff’s Motion for Default Judgment (Doc. No. 28) is DENIED. s/ Lynda M. Hill Lynda M. Hill Clerk of Court