Premier Gaming Trailers LLC v. Luna Diversified Enterprises, Inc.

Filing 23

ORDER: Defendant Luna Diversified Enterprises, Inc.'s Motion to Set Aside Default Judgment (Doc. # 17 ) is GRANTED. Luna's motion for leave to file a reply (Doc. # 22 ) is DENIED AS MOOT. The default judgment (Doc. # 15 ) is VACATED. The entry of Clerk's default (Doc. # 11 ) is SET ASIDE. The Clerk is directed to REOPEN this case. Signed by Judge Virginia M. Hernandez Covington on 4/5/2017. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PREMIER GAMING TRAILERS LLC,
Plaintiff,
v.

Case No. 8:16-cv-3378-T-33TGW

LUNA DIVERSIFIED ENTERPRISES,
INC.,
Defendant.
_____________________________/
ORDER
This matter comes before the Court upon consideration of
Defendant Luna Diversified Enterprises, Inc.’s Motion to Set
Aside Default Judgment (Doc. # 17), filed on March 24, 2017.
Plaintiff Premier Gaming Trailers LLC filed a response in
opposition on March 30, 2017. (Doc. # 21). Although Luna has
filed a motion for leave to file a reply (Doc. # 22), a reply
is not needed. For the reasons below, the default judgment is
vacated and the entry of Clerk’s default is set aside.
Discussion
Premier Gaming instituted this action on December 9,
2016, and effected substitute service via an alias summons
served upon the Florida Secretary of State. (Doc. ## 1; 810). Thereafter, on February 1, 2017, Premier Gaming applied

to the Clerk for entry of default, and Luna was defaulted the
next day. (Doc. ## 10; 11). A week later, on February 9, 2017,
Premier Gaming moved for entry of default judgment. (Doc. #
13). The Court granted the motion for default judgment after
Luna failed to respond to the motion for default judgment and
otherwise failed to appear or defend against the action. (Doc.
# 14). Default judgment was entered against Luna on February
27, 2017. (Doc. # 15). Approximately one month later, Luna
moved to vacate that default judgment. (Doc. # 17). Premier
Gaming opposes vacatur of the default judgment. (Doc. # 21).
The court in Coniglio v. Bank of America, NA, summarized
the standard for vacating a default judgment:
The court may relieve a party from a default
judgment based on mistake, inadvertence, surprise,
excusable neglect, or any other reason that
justifies
relief.
To
establish
mistake,
inadvertence, or excusable neglect, the defaulting
party must show that “(1) it had a meritorious
defense that might have affected the outcome; (2)
granting the motion would not result in prejudice
to the non-defaulting party; and (3) a good reason
existed for failing to reply to the complaint.” In
Pioneer Investment Services Co. v. Brunswick
Associates Ltd. Partnership, the Supreme Court
categorized the excusable neglect inquiry as an
equitable one and identified four factors pertinent
to the analysis: “the danger of prejudice to the
[opposing 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, and
whether the movant acted in good faith.” The
Supreme
Court
held
that
excusable
neglect

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encompasses situations of negligence within the
defaulting party’s control and placed primary
importance on the prejudice prong of the analysis.
638

Fed.

Appx.

972,

974-95

(11th

Cir.

2016)

(internal

citations and footnote omitted).
Here, the Court finds that vacating the default judgment
is warranted. Luna has filed its answer, which contains
defenses that might affect the outcome of this action, there
is no prejudice to Premier Gaming as the delay produced by
Luna’s

default

is

relatively

small,

Luna

presented

a

sufficient reason for why it failed to respond in a timely
fashion, and there is no evidence that Luna acted in bad faith
or delayed in seeking to vacate the default judgment.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Defendant Luna Diversified Enterprises, Inc.’s Motion to
Set Aside Default Judgment (Doc. # 17) is GRANTED. Luna’s
motion for leave to file a reply (Doc. # 22) is DENIED
AS MOOT.

(2)

The default judgment (Doc. # 15) is VACATED.

(3)

The entry of Clerk’s default (Doc. # 11) is SET ASIDE.

(4)

The Clerk is directed to REOPEN this case.

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DONE and ORDERED in Chambers in Tampa, Florida, this 5th
day of April, 2017.

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