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)

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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 -2-

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