Simpson v. Little Rock, City of et al
ORDER granting 8 Motion to Set Aside Default. Signed by Judge D. P. Marshall Jr. on 5/16/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CITY OF LITTLE ROCK; GREG
SIEGLER, individually and in his
official capacity; and DOES, unidentified
employees of the City of Little Rock
Applying the Pioneer factors, and considering all material circumstances,
the Court grants Defendants' motion, Ng 8, and vacates the Clerk's default,
Ng 6. FED. R. CIV. P. 60(b)(1). The delay in answering Simpson's complaint
was, Defendants acknowledge, preventable and within their control.
Counsel's calendaring error is excusable nonetheless. Ceridian Corp. v. SCSC
Corp., 212 F.3d 398,403 (8th Cir. 2000). The delay-just a few days-is short,
and causes no prejudice to Simpson's ability to prosecute this young case; no
evidence has been lost, no discovery opportunities foreclosed. Stephenson v.
El-Batrawi, 524 F.3d 907,915 (8th Cir. 2008). And the short delay here wasn't
in bad faith. We all make calendaring mistakes. Under the circumstances,
default is too harsh a consequence.
D.P. Marshall Jr.
United States District Judge
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