Kruger v. Baldwin et al

Filing 116

ORDER granting 114 Motion to Vacate. Entry of default against Malda Carson is VACATED. Answer due 8/7/2020. Plaintiff's request for default against Carson (Doc. 108) is DENIED as moot but remains pending as to Cynthia Gimber. Signed by Chief Judge Nancy J. Rosenstengel on 7/31/2020. (anp)

Case 3:18-cv-00512-NJR Document 116 Filed 07/31/20 Page 1 of 2 Page ID #403
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSHUA W. KRUGER,
Plaintiff,
v.

Case No. 18-cv-512-NJR

JOHN BALDWIN, et al.,
Defendants.

MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
This matter is before the Court on Malda Carson’s motion to vacate entry of default
(Doc. 114). Carson seeks to vacate the entry of default against her on June 23, 2020
(Doc. 97). Plaintiff Joshua W. Kruger has filed a motion for default judgment (Doc. 108).
Pursuant to Federal Rule of Civil Procedure 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, 630-31 (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. Cracco, 559 F.3d at 631.
Carson meets the standard for vacating the entry of default. She has shown good
cause for the default. Carson was under the impression that by returning her waiver of
service, counsel would be assigned to her. She subsequently retired from the Illinois

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Case 3:18-cv-00512-NJR Document 116 Filed 07/31/20 Page 2 of 2 Page ID #404
Department of Corrections (“IDOC”) and was unaware of the default against her. Once
she was located and informed of the default, she requested counsel be assigned to her
(Doc. 114, p. 2). Counsel then sought to file an Answer on her behalf. Carson also indicates
that she has a meritorious defense.
Given that defaults are disfavored and the standard for vacating an entry of
default is liberally applied, the Court finds that Carson has met the requirements of Rule
55(c). The entry of default against Carson (Doc. 97) is VACATED. Carson is DIRECTED
to file her Answer by August 7, 2020. To the extent that Kruger seeks default judgment
against Carson, that motion (Doc. 108) is DENIED as moot. His request for default
judgment against Cynthia Gimber remains pending.
IT IS SO ORDERED.
DATED: July 31, 2020
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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