Wagner v. Campbell et al

Filing 42

MEMORANDUM AND ORDER denying the Plaintiff's 39 Motion for Default Judgment. Defendant Kevin Campbell's 40 Motion for Leave to file a response to the plaintiff's complaint out of time is granted. Defendant Campbell's answer or response shall be filed on or before July 3, 2013. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PATRICIA WAGNER,
Plaintiff,

4:13CV3006

vs.
MEMORANDUM AND ORDER
KEVIN CAMPBELL, in his individual
capacity, et al;
Defendants.
Defendant Kevin Campbell has adequately explained his failure to timely file a
response to plaintiff's complaint, and has in all other respects zealously litigated this case.
The plaintiff will not be prejudiced by permitting this defendant to respond to the
complaint out of time: the response was less than a week late when plaintiff’s motion for
default was filed and this case is in the very early stages of the litigation. In contrast, the
defendant will be substantially prejudiced if not permitted to file an answer, including
any defenses to the plaintiff’s claims.
Accordingly,
IT IS ORDERED:
1)

Plaintiff's motion for entry of default, (Filing No. 39), is denied.

2)

Defendant Kevin Campbell's motion for leave to file a response to the
plaintiff’s complaint out of time, (Filing No. 40), is granted. Defendant
Campbell’s answer or response shall be filed on or before July 23, 2013.

July 15, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge