Doerr et al v. Harms Farms Trucking, Inc., a Nebraska Corporation et al

Filing 12

MEMORANDUM AND ORDER granting 10 Motion to Set Aside Default. Ordered by Judge John M. Gerrard. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KATHLEEN K. DOERR and ROBERT
DOERR, Wife and Husband,
7:13-CV-5008
Plaintiffs,
vs.

MEMORANDUM AND ORDER

HARMS FARMS TRUCKING, INC.
Defendant.
This matter is before the Court on the defendant's unopposed motion to set
aside default (filing 10). Under Fed. R. Civ. P. 55(c), the Court may set aside an
entry of default for good cause. When examining whether good cause exists, the
Court weighs whether the conduct of the defaulting party was blameworthy or
culpable, whether the defaulting party has a meritorious defense, and whether the
other party would be prejudiced if the default were excused. Stephenson v. ElBatrawi, 524 F.3d 907, 912 (8th Cir. 2008).
The defendant explains that it submitted a claim to its insurance company
and believed that its insurer was communicating with the plaintiffs' counsel
regarding the claim, and that no responsive pleading was needed. After default was
entered, the defendant obtained legal representation for this case, and defendant's
counsel contacted plaintiffs' counsel to explain the situation. Plaintiffs have agreed
not to oppose defendant's motion. Filing 10 at ¶¶ 5–7.
The Court finds that the defendant has shown good cause for setting aside
the default. There was no culpable conduct on the defendant's part. And given the
plaintiffs' lack of opposition, it is apparent they will not be prejudiced.
THEREFORE, IT IS ORDERED:
1.

The defendant's motion to set aside default (filing 10) is granted.

Dated this 13th day of March, 2014.
BY THE COURT:

John M. Gerrard
United States District Judge