Vickers v. Gertch et al
ORDER granting 27 Motion to Set Aside Default; granting 28 Motion for Leave to File. Entries of Default (Docs. 24 and 25) are VACATED. Defendants have until October 11, 2019 to file their Answers. The Clerk is DIRECTED to CORRECT Defendants' names on the docket in accordance with footnote 1. Signed by Chief Judge Nancy J. Rosenstengel on 10/8/2019. (anp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROBERT GERTCH, SHAWN
SANDERS, BRADLEY RUE, JAMES
SLOAN, DAWNA HAWES, FAIYAZ
AHMED, SHAH, and WELTY,
Case No. 19-cv-398-NJR
MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
This matter is before the Court on a Motion to Set Aside Default (Doc. 27) and Motion for
Leave to File Answer (Doc. 28) filed by Defendants Shah and Welty. 1 Plaintiff filed his Complaint
on April 10, 2019. The Court conducted its threshold review pursuant to 28 U.S.C. §1915A on
June 14, 2019 (Doc. 8). Waivers of service were sent out and returned by both Defendants on July
18, 2019 and July 25, 2019, respectively. (Docs. 17 and 19). Defendant Shah was given until
September 16, 2109 to file an Answer. Defendant Welty had until September 23, 2019 to file an
Answer. Both Defendants failed to do so and the Court entered default against both Defendants on
October 2, 2019 (Docs. 21, 22, 24, and 25). Defendants filed their joint motion to set aside default
on October 3, 2019.
Defendants have identified themselves by their proper names: Vipin Shah and Tammy Welty. The Clerk is
DIRECTED to CORRECT the docket to reflect Defendants’ proper names.
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.
Defendants have met the standard for vacating a default. They received and returned their
waivers of service to the Court but mistakenly failed to send the waivers to their counsel. They
also acted quickly to resolve the issue as counsel has filed motions to set aside the default the day
after the default was entered.
Given that defaults are disfavored and the standard for vacating an entry of default is
liberally applied, the Court finds that Defendants have met the requirements of Rule 55(c) and
GRANTS the Motion to Set Aside Default (Doc. 27). The entries of default (Docs. 24 and 25) are
VACATED. Defendants’ Motion for Leave to File Answer (Doc. 28) is GRANTED and they
have until October 11, 2019 in which to file their Answers. The Clerk is DIRECTED to
CORRECT the docket in accordance with footnote 1.
IT IS SO ORDERED.
NANCY J. ROSENSTENGEL
United States District Judge
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