Simpson v. Little Rock, City of et al

Filing 11

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
WESTERN DIVISION

PLAINTIFF

CEDRICK SIMPSON

v.

No. 4:14-cv-165-DPM

CITY OF LITTLE ROCK; GREG
SIEGLER, individually and in his
official capacity; and DOES, unidentified
employees of the City of Little Rock

DEFENDANTS

ORDER

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.

So Ordered.
7/

D.P. Marshall Jr.
United States District Judge

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