Solis v. Spencer et al

Filing 19

ORDER Granting 17 Motion to Vacate Default Judgment, R. 17, and Ordering Tannile Elizabeth Ortiz to File with This Court an Answer to the Complaint by March 27, 2013. Signed by Judge Thomas M Rose on 3/4/13. (kje1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Seth D. Harris, Acting Secretary of Labor, Successor to
Hilda Solis, United States Department of Labor,
Plaintiff,
v.
Bruce E. Spencer; Tannile Elizabeth Ortiz; Paul
Olezeski; and Spencer & Associates, LLC Profit
Sharing Plan,

Case No. 3:12-cv-283
Judge Thomas M. Rose

Defendants.

Order Granting Motion to Vacate Default Judgment, R. 17, and Ordering Tannile
Elizabeth Ortiz to File with This Court an Answer to the Complaint by March 20, 2013.
This matter is before the Court on Defendant Tannile Elizabeth Ortiz’s Motion to Vacate
Default Judgment. R. 17. Pursuant to the test to be applied in determining “good cause”
enounciated in United Coin Meter Co. v. Seaboard Coastline Railroad, 705 F.2d 839 (6th Cir.
1983), the Court GRANTS Ortiz’s motion. There is no evidence that Ortiz’s conduct was
wilful. Such would require a display of “either an intent to thwart judicial proceedings or a
reckless disregard for the effect of its conduct on judicial proceedings.” Thompson v. Am. Home
Assur. Co., 95 F.3d 429, 433 (6th Cir.1996) (citing INVST Fin. Group, Inc. v. Chem–Nuclear
Sys., Inc., 815 F.2d 391, 399 (6th Cir.1987)). The Court is also mindful of the latitude afforded
afforded pro se parties in considering whether there might be any merit in Ortiz’s position. Thus,
Oritz is GRANTED until March 27, 2013 to file with the Court an answer to the complaint.

March 4, 2013

s/Thomas M. Rose._____________
United States District Judge