Lodgepole v. Nault et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 23 Findings and Recommendations. Defendants' Brief in Opposition to Plaintiff's Motions for Entry of Default, construed as a motion to set aside default 22 is GRANTED. Plaintiff's Amended Motion for Entry of Default Judgment 18 is DENIED. Plaintiff's Second Amended Motion for Entry of Default Judgment 21 is DENIED. Signed by Judge Brian Morris on 3/13/2018. (Copy of order mailed to Lodgepole) (MMS)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
LESLIE YOUNG LODGE POLE,
EMERY NAULT, LENORA
MEYERS-NAULT, and GLORIA
Plaintiff Leslie Lodge Pole (Lodge Pole) filed an Amended Complaint pro se
on February 23, 2017. The Amended Complaint alleges claims for wrongful
termination, sexual harassment, defamation, and religious discrimination. (Doc. 9
at 7). The record reflects that Defendant Lenora Meyers-Nault was served on
October 19, 2017, and that Defendants Emery Nault and Gloria Little were served
on October 20, 2017. (Docs. 12, 13, 14).
Defendants failed to file responsive pleadings within the time period
prescribed under Fed. R. Civ. P. 12(a). Defendants were in default as of November
10, 2017. Defendants retained counsel on or about November 30, 2017. (See Doc.
22-1). Defendants filed their joint Answer on December 7, 2017. (Doc. 20).
Presently before the Court are Defendants’ Motion to Set Aside Defaults
(Doc. 22), Lodge Pole’s Amended Motion for Entry of Default Judgment (Doc. 18),
and Lodge Pole’s Second Amended Motion for Entry of Default Judgment (Doc.
United States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter on January 31, 2018. (Doc. 23). Judge Johnston
recommended that Defendants’ Motion to Set Aside Defaults be granted, and that
Lodge Pole’s Motions for Entry of Default Judgment be denied. Lodge Pole did not
file objections to Judge Johnston’s Findings and Recommendations.
The Court has reviewed Judge Johnston’s Findings and Recommendations
for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656
F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Johnston’s
Findings and Recommendations, and adopts them in full. The Court may set aside a
default for good cause. Fed. R. Civ. P. 55(c).
Good cause exists to set aside the defaults in this case. Defendants onemonth delay in filing their Answer has not hindered Lodge Pole’s ability to pursue
his claims. A cursory review of Defendants’ Answer reveals that the Defendants
may have meritorious defenses to Lodge Pole’s claims.
Accordingly, IT IS ORDERED:
Defendants’ Brief in Opposition to Plaintiff’s Motions for Entry of
Default, construed as a motion to set aside default (Doc. 22) is GRANTED.
Plaintiff’s Amended Motion for Entry of Default Judgment (Doc. 18)
Plaintiff’s Second Amended Motion for Entry of Default Judgment
(Doc. 21) is DENIED.
DATED this 13th day of March, 2018.
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