Simpson v. Little Rock, City of et al

Filing 19

ORDER granting 11 Motion to set aside Clerk's default. The 8 Clerk's Default is vacated. 13 Motion to strike is denied. Siegler is entitled to defendant against Simpson's claims on the merits. Simpson must therefore respond to Siegler's motion to dismiss by 12/1/2017. Signed by Judge D. P. Marshall Jr. on 11/17/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CEDRICK SIMPSON, Sr.

v.

PLAINTIFF

No. 4:17-cv-461-DPM

GREG SIEGLER, individually and
in his official capacity

DEFENDANT

ORDER
1.

Siegler' s motion to set aside the Clerk's default, NQ 11, is

granted. Service on Siegler was bad. The Marshal sent the summons
and complaint by certified mail, but didn't restrict delivery to Siegler
or his agent for service. NQ 6-1. Siegler was out of town when the letter
arrived; and the person who received it wasn't Siegler' s agent. Ng 6-1
& NQ 12 at 5. All this is insufficient to justify a default. FED. R. Crv. P.

4(e)(1);

ARK. R. Crv. P. 4(d)(8)(A)(i). The Clerk's default, NQ 8, is

vacated.
2.

Simpson's motion to strike, NQ 13, is denied. Siegler is

entitled to defend against Simpson's claims on the merits. Simpson
must therefore respond to Siegler' s motion to dismiss by 1 December
2017.

So Ordered.

fr.

D .P. Marshall
United States District Judge
I 7 rJ rveML<A. )..O I 7

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