Daniels v. Kelly et al

Filing 28

ORDER directing Defendant Burnett to file an Answer or other responsive pleading on or before 4/15/2015. Signed by Magistrate Judge J. Thomas Ray on 03/30/2015. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

CODIE DANIELS,
ADC #144455
V.

PLAINTIFF
5:14CV00360 BSM/JTR

WENDY KELLEY, et al.

DEFENDANTS

ORDER
Defendant Joanne Burnett has filed a Response to the Order to Show Cause
explaining that she did not timely file her Answer because her home burned to the
ground shortly after she was served with the summons and Complaint. Doc. 26.
The Court concludes that Defendant Burnett has demonstrated sufficient cause
to excuse her failure to timely file an Answer or other responsive pleading.
Additionally, it does not appear that Plaintiff has been prejudiced by her brief delay
in responding to the Complaint. See Fed. R. Civ. P. 60(b)(1) (explaining that a court
may relieve a party from judgment if the party demonstrates “mistake, inadvertence,
surprise, or excusable neglect”); Feeney v. AT&E, Inc., 472 F.3d 560, 563 (8th Cir.
2006) (explaining that, when deciding whether to grant default judgment, a court
should consider “the danger of prejudice to the non-moving party, the length of the
delay and its potential impact on judicial proceedings, the reason for the delay,

including whether it was within the reasonable control of the movant . . . whether the
movant acted in good faith . . . [and] the existence of a meritorious defense”).
IT IS THEREFORE ORDERED THAT Defendant Burnett must file an Answer
or other responsive pleading on or before April 15, 2015.
Dated this 30th day of March, 2015.

UNITED STATES MAGISTRATE JUDGE

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