Mid-Continent Casualty Company v. Johnson-Graham-Malone, Inc et al

Filing 24

ORDER granting 23 Old Town Villages Condominium Association, Inc.'s unopposed motion to set aside 8 the clerk's entry of default. The Court sets aside the clerk's entry of default, directs the clerk to add an appropriate notation to the docket, and directs Old Town to file [23-2] the proposed answer as a separate docket entry by April 21, 2017. Signed by Magistrate Judge Patricia D. Barksdale on 4/17/2017. (BGK)

United States District Court
Middle District of Florida
Jacksonville Division
MID-CONTINENT CASUALTY COMPANY,
Plaintiff,
V.

NO. 3:16-CV-592-J-39PDB

JOHNSON-GRAHAM-MALONE, INC., ETC.,
Defendants.

Order
Before the Court is Old Town Villages Condominium Association, Inc.’s
unopposed motion to set aside the clerk’s entry of default. Doc. 23. It explains its
registered agent was served on June 1, 2016, but never forwarded the summons and
complaint to it. Doc. 23 at 1. It learned of the lawsuit for the first time earlier this
year when the plaintiff’s counsel contacted its counsel to request documents. Doc. 23
at 1. It contends its failure to respond was not culpable or willful, it has a meritorious
defense, the plaintiff will not be prejudiced by setting aside the default, it is a
necessary party, and it acted promptly to correct the error. Doc. 23 at 2–6.
A court may “set aside an entry of default for good cause.” Fed. R. Civ. P. 55(c).
“‘[G]ood cause’ is not susceptible to a precise formula,” but relevant considerations
include “whether the default was culpable or willful, whether setting it aside would
prejudice the adversary, and whether the defaulting party presents a meritorious
defense.” Compania Interamericana Export-Import, S.A. v. Compania Dominicana de
Aviacion, 88 F.3d 948, 951 (11th Cir. 1996).
Finding good cause to set aside the default (the absence of opposition, the
absence of culpable conduct, Old Town’s purportedly meritorious defense, the absence

of prejudice, that Old Town purportedly is a necessary party, and Old Town’s prompt
action upon learning of the case), the Court grants Old Town’s motion to set aside
the clerk’s entry of default, Doc. 23; sets aside the clerk’s entry of default, Doc. 8;
directs the clerk to add an appropriate notation to the docket; and directs Old Town
to file the proposed answer, Doc. 23-2, as a separate docket entry by April 21, 2017.
Ordered in Jacksonville, Florida, on April 17, 2017.

c:

Counsel of record

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