Hebert v. The Litigation Document Group, Inc. et al

Filing 19

ORDER 11 and 17 Plaintiff's Motions for Entry of Clerks Default are DENIED. Signed by Judge Kent J. Dawson on 9/26/17. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5
6
BRIAN HEBERT,
7
Plaintiff,

Case No. 2:17-CV-01536-KJD-CWH

8
v.

ORDER

9
10
11

LITIGATION DOCUMENT GROUP,
INC., et al.,
Defendants.

12
13

Presently before the Court is Plaintiff’s Motions for Entry of Clerk’s Default (#11/17).

14

Defendants’ answers were due no later than September 7, 2017. Defendants filed their answer on

15

September 11, 2017. Essentially, Plaintiff seeks default based on a one business day delay in filing

16

the answer. The Court construes Defendants’ answer as a simultaneous motion to extend the time to

17

file the answer. Lack of prejudice being found, the motion to extend is granted. Having to litigate the

18

case on the merits can never be construed as prejudice. Further, the Court heavily weighs the public

19

interest in cases being resolved on the merits in favor of extension and against default.

20
21
22

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motions for Entry of Clerk’s
Default (#11/17) are DENIED.
DATED this 26th day of September 2017.

23
24
25
26

_____________________________
Kent J. Dawson
United States District Judge