RUIZ v. STILLS

Filing 19

ORDER denying Plaintiff's 14 Motion for Default Judgment. Signed by Judge Robert B. Kugler on 1/10/2012. (TH, )

NOT FOR PUBLICATION

(Doc. No. 14)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
____________________________________
:
RAYMOND RUIZ,
:
:
Plaintiff,
:
Civil No. 09-4259 (RBK/KMW)
:
v.
:
ORDER
:
CUMBERLAND COUNTY JAIL and
:
CORRECTIONS OFFICER KEVIN
:
STILLS,
:
:
Defendants.
:
____________________________________:
THIS MATTER having come before the Court on the motion of Raymond Ruiz
(“Plaintiff”) for default judgment against Kevin Stills (“Defendant”), and the Court having
considered the moving papers and responses thereto; and
IT APPEARING TO THE COURT that Plaintiff filed his Complaint against Defendant
on August 20, 2009; and
IT FURTHER APPEARING TO THE COURT that that Plaintiff attempted to serve
Defendant on January 29, 2010; and
IT FURTHER APPEARING TO THE COURT that Defendant failed to timely
answer; and
IT FURTHER APPEARING TO THE COURT that, on May 12, 2011, the Court
postponed the Notice of Call for Dismissal and ordered Plaintiff to seek default and then default
judgment within thirty days; and

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IT FURTHER APPEARING TO THE COURT that Plaintiff filed a motion for default
judgment as to Kevin Stills on June 13, 2011; and
IT FURTHER APPEARING TO THE COURT that counsel for Defendant entered an
appearance and filed a response to Plaintiff’s motion on July 6, 2011; and
IT FURTHER APPEARING TO THE COURT that Defendant alleges his delay in
responding to Plaintiff’s Complaint is excusable, as Defendant was not properly served with the
Complaint. The Process Receipt and Return form indicates that “Sgt. Wronick (SIU-Special
Investigations Unit),” an officer in the facility where Plaintiff is incarcerated, was served with
the Complaint, and Defendant alleges that the form “does not include any reference by the
[serving] U.S. Marshall to the effect that Sgt. Wronick was authorized to accept service on behalf
of Stills”; and
THE COURT NOTING that, pursuant to Federal Rule of Civil Procedure 55(b)(2), a
court may enter a default judgment against a properly served defendant who fails to plead or
otherwise defend an action, Anchorage Assocs. v. V.I. Bd. of Tax Review, 922 F.2d 168, 177 n.9
(3d Cir. 1990); and
THE COURT NOTING FURTHER that a court must consider the following three
factors when exercising its discretion to grant default judgment: “(1) whether the party subject to
default judgment has a meritorious defense, (2) the prejudice suffered by the party seeking
default, and (3) the culpability of the party subject to default,” GP Acoustics, Inc. v.
Brandnamez, LLC, No. 10-539, 2010 U.S. Dist. LEXIS 84244, 2010 WL 3271726, at *3 (D.N.J.
Aug. 17, 2010) (citing Emcasco Ins. Co. v. Sambrick, 834 F.2d 71, 74 (3d Cir. 1987)); and
THE COURT NOTING FURTHER that, “[i]n weighing [the default judgment] factors,
[the] district court[] must remain mindful that, like dismissal with prejudice, default is a sanction

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of last resort,” Dough Brady, Inc. v. New Jersey Bldg. Laborers Statewide Funds, 250 F.R.D.
171, 177 (D.N.J. 2008) (citing Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 867-68 (3d
Cir. 1984)); and
THE COURT NOTING FURTHER that, pursuant to Federal Rule of Civil Procedure
4(m), it was necessary for Plaintiff to serve Defendant within 120 days of filing the Complaint,
Fed. R. Civ. P. 4(m); and
THE COURT FINDING that Defendant has presented the meritorious defense that the
alleged service of process was untimely and in violation of Federal Rule of Civil Procedure
4(m); and
THE COURT FINDING FURTHER that Plaintiff has not demonstrated that he will
suffer prejudice in the event a judgment of default is not granted; and
THE COURT FINDING FURTHER that Defendant has shown a valid excuse—
improper service—for his failure to timely answer Plaintiff’s Complaint, and that, therefore,
Defendant is not culpable;
IT IS HEREBY ORDERED that Plaintiff’s motion for default judgment is DENIED.

/s/ Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

Dated: 1/10/2012

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