Scott v. James et al

Filing 25

ORDER granting 11 and 14 Motions. The 13 Answer still stands. The Clerk's defaults, No. 9 & 10 are vacated. Signed by Judge D. P. Marshall Jr. on 8/13/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
THEODORE L. SCOTT, JR.

v.

PLAINTIFF

No. 3:18-cv-77-DPM

CHARLES JAMES; BRITT HUNT
COMPANY LLC afk/a TBHC
Delivers; TBHC DELIVERS LLC;
LUMINA FOODS LLC; BTB HOLDINGS
LLC; HALL & HUNT ENTERPRISES LLC;
and JOHN DOES, Individuals A-Z and
Trucking Companies A-Z

DEFENDANTS

ORDER
1.

Theodore Scott has sued Charles James, a truck driver, and

several tucking entities for injuries that he suffered in a car crash. Scott
served the named Defendants, but they didn't answer.

The Clerk

entered a default. Recently, though, the Defendants have appeared and
moved to set aside the Clerk's default.
2.

All material things considered, the Court finds good cause

to grant the Defendants' motions, NQ 11 & NQ 14. Johnson v. Dayton
Electric Manufacturing Company, 140 F.3d 781, 784 (8th Cir. 1998). First,

this case is just starting. The delay is marginal. And the prejudice to
Scott is minimal.
(8th Cir. 2008).

Stephenson v. El-Batrawi, 524 F.3d 907, 915

Second, the law prefers a decision on the merits.

Johnson, 140 F.3d at 784. Third, although at fault for the delay, the

Defendants did not act intentionally. James was told that his employer
would answer for him. The insurance company put the summons and
complaint in the wrong file.
3.

The belated answer, NQ 13, stands. The Clerk's defaults,

NQ 9 & NQ 10, are vacated.

So Ordered.
D.P. Marshall Jr.
United States District Judge

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