Kitterman v. Dunne et al

Filing 116

ORDER granting 115 Motion to Set Aside Default. Edward's answer due on or before October 21, 2019. Signed by Magistrate Judge Gilbert C. Sison on 10/7/2019. (klh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SHANE KITTERMAN,
Plaintiff,
vs.
JOHN BALDWIN,
BRIAN BANKS,
JEFFERY DENNISON,
MICHAEL DUNNING,
LLYOD EDWARDS,
JERID PICKFORD,
and LU WALKER,
Defendants.

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Case No. 3:18-cv-0114-NJR-GCS

ORDER
SISON, Magistrate Judge:
This matter is before the Court on Lloyd Edwards’s motion to set aside default
(Doc. 115). A request for waiver of service was sent to Edwards on June 17, 2019 and his
responsive pleading was due on August 16, 2019 (Doc. 110). Edwards failed to file a
responsive pleading. Accordingly, the Court entered default against Edwards on
September 10, 2019 (Docs. 112 & 113) and instructed Plaintiff to file a motion for default
judgment by October 2, 2019. Edwards filed the motion to set aside default on September
20, 2019.
Pursuant to F.R.C.P. 55(c), “[t]he court may set aside an entry of default for good
cause.” “In order to vacate an entry of default the moving party must show: 1) good cause
for default, 2) quick action to correct it, and 3) [a] meritorious defense to plaintiff’s

complaint.” Pretzel & Stouffer v. Imperial Adjusters, Inc., 28 F.3d 42, 45 (7th Cir. 1994); Cracco
v. Vitran Express, Inc., 559 F.3d 625, 630-631 (7th Cir. 2009). The standard for setting aside
an entry of default is the same as that for setting aside a default judgment, but is applied
more liberally. See Cracco, 559 F.3d at 631.
Defendant submitted requests for representation to the Attorney General but
representation was not assigned due to a clerical error at the Office of the Attorney
General. Defendant also acted quickly to resolve the issue as Counsel filed a motion to
set aside the defaults shortly after she entered her appearance.
Given that defaults are disfavored and the standard for vacating an entry of
default is liberally applied, the Court finds that Edwards met the requirements of Rule
55(c) and GRANTS the Motion to Set Aside Default (Doc. 115). Edwards is GRANTED
leave to file a responsive pleading on or before October 21, 2019.
IT IS SO ORDERED.
Date: October 7, 2019.

Digitally signed by
Magistrate Judge
Gilbert C. Sison
Date: 2019.10.07
09:58:04 -05'00'
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GILBERT C. SISON
United States Magistrate Judge