Nationwide Mutual Insurance Company v. Aquino et al

Filing 28

ORDER granting 22 Nationwide's motion to withdraw. Al Aquino's motion to set aside clerk's entry of default judgment, 23 , is granted. Nationwide's motion for clerk's entry of default judgment, 18 , is denied. Signed by Chief Judge Brian S. Miller on 10/19/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
NATIONWIDE MUTUAL
INSURANCE COMPANY
v.

PLAINTIFF

CASE NO. 3:15CV00041 BSM

AUSTIN AQUINO et al.

DEFENDANTS
ORDER

On October 9, 2015, plaintiff Nationwide Mutual Insurance Company filed a motion
for clerk’s entry of default judgment against defendants Sue Garrison, Al Aquino, and Austin
Aquino. See Doc. No. 18. Nationwide subsequently filed a motion to withdraw its motion
for entry of default against Garrison, and Al Aquino filed an unopposed motion to set aside
entry of default against him. See Doc. Nos. 22, 23. Nationwide’s motion to withdraw [Doc.
No. 22] and Al Aquino’s unopposed motion to set aside [Doc. No. 23] are granted.
Accordingly, Nationwide’s motion for entry of default [Doc. No. 18] is denied as moot as
against these two defendants.
Nationwide’s motion for entry of default judgment is also denied against defendant
Austin Aquino because an entry of default judgment against him, while Al Aquino still has
a chance to succeed on the merits, creates the risk of an inconsistent judgment. U.S. ex rel.
Costner v. United States, 56 F. App’x 287, 288 (8th Cir. 2003) (holding that a logically
inconsistent judgment results if a verdict is entered in favor of one defendant when the other
similarly situated defendant suffers a default judgment in the same case).

IT IS THEREFORE ORDERED that:
1.

Nationwide’s motion to withdraw [Doc. No. 22] is granted;

2.

Al Aquino’s motion to set aside clerk’s entry of default judgment [Doc. No.

23] is granted; and,
3.

Nationwide’s motion for clerk’s entry of default judgment [Doc. No. 18] is

denied.
IT IS SO ORDERED this 19th day of October 2015.

________________________________
UNITED STATES DISTRICT JUDGE

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