Filing 42

ORDER granting 35 Motion for Leave to File-CCS is given seven days from the date of this order to file an answer or other response and denying 30 Motion for Clerk's Entry of Default. Signed by Magistrate Judge Tim A. Baker on 11/30/2017. (CBU)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION INDINAR BUFORD, Plaintiff, v. CUSHMAN & WAKEFIELD U.S., INC., CASTLETON PARK INDIANAPOLIS, LP, CASTLETON PARK INDIANAPOLIS MANAGEMENT, LLC, KIMBERLY-CLARK CORPORATION, CORPORATE CLEANING SYSTEMS, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 1:17-cv-2125-TAB-SEB ORDER GRANTING MOTION FOR LEAVE TO FILE AN ANSWER AND DENYING MOTION FOR ENTRY OF DEFAULT Plaintiff Indinar Buford moved for an entry of default. Before the Clerk made the entry, Defendant Corporate Cleaning Systems, Inc. requested leave to file an answer to Buford’s first amended complaint. For the reasons noted below, the Court grants CCS’s motion for leave to file an answer to Buford’s first amended complaint [Filing No. 35] and denies as moot Buford’s motion for entry of default. [Filing No. 30.] The Court has a strong preference for deciding suits on their merits. While circumstances may justify resolving cases by default, the facts here do not rise to that level. CCS submitted an affidavit from its interim president, Kenneth Dario, showing internal confusion regarding a tender of defense of a co-defendant and whether CCS or its insurance company was responsible for answering the complaint. [Filing No. 39, at ECF p. 3, ¶¶ 13–14; Filing No. 40, at ECF pp. 2– 3.] CCS submitted its motion for leave to file an answer eight days after Buford served his motion for default. 1 Additionally, CCS requested leave only until November 3, 2017, to file its answer. [Filing No. 35, at ECF p. 2, ¶ 6.] Furthermore, a default judgment would be ill advised because CCS’s reply brief outlines a number of reasons why liability in this matter is not a foregone conclusion. [Filing No. 39, at ECF p. 5, ¶ 22.] Therefore, the Court grants CCS’s motion. [Filing No. 35.] CCS is given seven days from the date of this order to file an answer or other response. As a result, the Court denies Buford’s motion [Filing No. 30] as moot. Date: 11/30/2017 _______________________________ Tim A. Baker United States Magistrate Judge Southern District of Indiana Distribution: All counsel of record by email. 1 Buford filed its motion for default on October 4, 2017, [Filing No. 38, at ECF p. 2, ¶ 7] and served CCS with a copy on October 12, 2017. [Filing No. 39, at ECF p. 3, ¶ 12.] CCS filed its motion on October 20, 2017. [Filing No. 35.] 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?