Burke v. St. Louis City Jails et al

Filing 103

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs Motion for Default Judgment (ECF No. 97 ) is DENIED. Signed by District Judge Ronnie L. White on 09/20/2016. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
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CALVIN BURKE,
Plaintiff,

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v.

ST. LOUIS CITY JAILS, et al.,
Defendants.

No. 4:14-CV-2107 RLW

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MEMORANDUM AND ORDER

This matter is before the court on Plaintiffs Motion for Default Judgment (ECF No. 97).
Plaintiff asks the Court to enter a default judgment against Defendant Derek Peterson for failing
to respond to his Complaint. Plaintiff notes that Defendant Peterson was served with a summons
and a copy of Plaintiffs Second Amended Complaint on November 4, 2015. (ECF No. 61).
Defendant Peterson filed a Motion to Dismiss on December 2, 2015 (ECF No. 68). The Motion
to Dismiss was denied on March 14, 2016. (ECF No. 87). On September 6, 2016, Plaintiff filed
a Motion for Default Judgment against Defendant Peterson. (ECF No. 97). On September 19,
2016, Defendant Peterson filed a Separate Answer to Plaintiffs Second Amended Complaint.
(ECF No. 102).
The Court will deny Plaintiffs Motion for Default Judgment (ECF No. 97). Defendant
Peterson' s Answer was out of time. However, the untimely answer appears to have been a mere
oversight, given that Defendant Peterson had previously filed a Motion to Dismiss. The Court
further notes that this case is ongoing, and Plaintiff has not been prejudiced by Defendant
Peterson's delay in answering the Second Amended Complaint.

Accordingly,
IT IS HEREBY ORDERED that Plaintiffs Motion for Default Judgment (ECF No. 97)

is DENIED.

Dated this 20th day of September, 2016.

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RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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