Cincinnati Insurance Company v. Ameren Services Company et al

Filing 39

ORDER, Granting 35 MOTION to Set Aside Default filed by WRB Refining LLC: The Court GRANTS WRBs motion (Doc. 35), and DIRECTS the Clerk of Court to set aside the entry of default.Signed by Judge Staci M. Yandle on 9-24-14. (cmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

CINCINNATI INSURANCE COMPANY,
Plaintiff,
Case No. 14-cv-0355-SMY-PMF

vs.
AMEREN SERVICES COMPANY, CENTRAL
ILLINOIS PUBLIC SERVICE COMPANY, and
WRB REFINING LLC,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on defendant WRB Refining LP’s 1 motion (Doc. 35) to set
aside the Clerk’s entry of default (Doc. 32) in this case. WRB has indicated that the plaintiff has no
objection to setting aside the entry of default.
F. R. Civ. P. 55(c) states, “The court may set aside an entry of default for good cause.” In order
to have an entry of default set aside or a default judgment vacated, defendants need to show: (1) good
cause for their default; (2) quick action to correct it; and (3) a meritorious defense to the plaintiff's
complaint. United States v. Di Mucci, 879 F.2d 1488, 1495 (7th Cir. 1989).
In this case, WRB is able to show each of the three necessary elements to set aside the entry of
judgment. In addition, the plaintiff has no objection to the defendant’s motion. Therefore, the Court
finds good cause to set aside the entry of default.
Accordingly, the Court GRANTS WRB’s motion (Doc. 35), and DIRECTS the Clerk of

Court to set aside the entry of default.
IT IS SO ORDERED.
DATED: September 24, 2014
/s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT COURT
1

Defendant points out in its motion that the name listed in the caption, WRB Refining LLC, is incorrect. Therefore,
the Court will refer to the defendant by its proper name.