Q: Motion for Default Judgment - should it be dismissed or move forward?

A: Based on the information provided, it seems that the defendant's attorney has a valid point. Here's why:

1. Late filing: Although the defendant's response was filed late (on February 29, 2024, instead of the due date), the court has accepted and filed the response. This suggests that the court has exercised its discretion to allow the late filing.

2. Court's actions: The fact that the court has set a Trial Setting Conference for May 13, 2024, indicates that the court intends to move forward with the case and set it for trial. This action implies that the court considers the defendant's response to be properly filed, despite being late.

3. Attorney's fees: If you proceed with the Motion for Default Judgment and the court finds it to be without merit, you may be ordered to pay the defendant's attorney's fees for having to defend against the motion.

Considering these factors, it would be advisable to dismiss the Motion for Default Judgment. The court appears to be treating the case as if the defendant has properly responded, and pursuing the motion further may not be in your best interest.

However, if you believe there are exceptional circumstances that warrant proceeding with the Motion for Default Judgment, you should be prepared to present a strong argument at the hearing on April 15, 2024. Keep in mind that the court's actions thus far suggest that it may not be inclined to grant the motion.

Ultimately, the decision is yours, but carefully consider the potential consequences of proceeding with the motion, given the court's apparent stance on the matter.