Scoggins v. Helena-West Helena Arkansas, City of et al

Filing 23

ORDER directing Wallace, House, and Jarrett to supplement their motion, providing evidence on the issue of the cause of the default and an explanation of the grounds for their defense on the merits, as well as a brief. Such supplemental motion must be filed on or before July 18, 2014. If Scoggins wishes to file a reply, he may do so on or before July 25, 2014. Signed by Judge J. Leon Holmes on 7/3/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CARL SCOGGINS
v.

PLAINTIFF
No. 2:13CV00171 JLH

TRAVIS WALLACE; TIMOTHY FUGATE;
TROY HOUSE; and MATTHEW JARRETT

DEFENDANTS

ORDER
Carl Scoggins filed proof of service indicating that he served summons and complaint on
Matthew Jarrett, Troy House, Travis Wallace, and Timothy Fugate between April 2 and April 4,
2014. None of the four defendants answered within twenty-one days of the date of service as
required by Federal Rule of Civil Procedure 12(a)(1)(A)(i). On May 14, 2014, Scoggins moved for
entry of default as to those four defendants, and the Clerk’s entry of default was entered the
following day. On June 5, 2014, Scoggins moved for default judgment against those four
defendants. On June 6, 2014, those four defendants moved for an extension of time to answer the
complaint, and on June 27, 2014, Wallace, House, and Jarrett filed an answer.1 Scoggins has
responded, correctly noting that the defendants’ motion should be construed as a motion under
Federal Rule of Civil Procedure 55(c) to set aside the entry of default. Scoggins also correctly notes
that in deciding whether to set aside an entry of default the Court must consider whether the conduct
of the defaulting party was blameworthy or culpable, whether the defaulting party has a meritorious
defense, and whether the opposing party would be prejudiced if the default were excused. Johnson
v. Dayton Elec. Mfg. Co., 140 F.3d 781, 783-84 (8th Cir. 1998). The motion for an extension of time
to answer the complaint does not address the issue of whether the defendants have a meritorious

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Fugate has now filed a motion to quash service and vacate the entry of default.

defense and only addresses the cause for the default in a cursory fashion. Therefore, the Court
directs Wallace, House, and Jarrett to supplement their motion, providing evidence on the issue of
the cause of the default and an explanation of the grounds for their defense on the merits, as well as
a brief as required by Local Rule 7.2(a). Such supplemental motion must be filed on or before
July 18, 2014. If Scoggins wishes to file a reply, he may do so on or before July 25, 2014.
IT IS SO ORDERED this 3rd day of July, 2014.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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