Kruger v. Baldwin et al

Filing 130

ORDER granting 129 Motion to Vacate; denying as moot 108 Motion for Reconsideration. Entry of default against Gimber is VACATED. Answer due 8/24/2020. Signed by Chief Judge Nancy J. Rosenstengel on 8/10/2020. (anp)

Case 3:18-cv-00512-NJR Document 130 Filed 08/10/20 Page 1 of 2 Page ID #446

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 Cynthia Gimber’s motion to vacate entry of
default (Doc. 129). Gimber seeks to vacate the entry of default entered 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.
Gimber meets the standard for vacating the entry of default. She has shown good
cause for the default. Gimber was on a leave of absence at the time she received the
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Case 3:18-cv-00512-NJR Document 130 Filed 08/10/20 Page 2 of 2 Page ID #447

summons and believed that she would be represented by counsel in any case against her.
She also acted quickly to resolve the default, seeking counsel on July 10, 2020. Counsel,
unfortunately, overlooked that request until just recently. Gimber also 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 Gimber has met the requirements of Rule
55(c). The entry of default against Gimber (Doc. 97) is VACATED. Gimber is DIRECTED
to file her Answer by August 24, 2020. To the extent that Kruger seeks default judgment,
that motion (Doc. 108) is DENIED as moot.
IT IS SO ORDERED.
DATED: August 10, 2020
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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