Panton v. Everette et al

Filing 21

ORDER denying pltf's motion for default judgment 17 . (See order for complee details.) Signed by Honorable Christopher C. Conner on 04/11/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT PANTON,
Plaintiff
v.
CAPTAIN BRECKON, RONNIE
HOLT
Defendants

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CIVIL ACTION NO. 1:11-CV-1845
(Judge Conner)

ORDER
AND NOW, this 11th day of April, 2012, upon consideration of plaintiff’s
motion for default judgment (Doc. 17), based on defendants’ failure to timely plead
or otherwise respond to plaintiff’s amended complaint (Doc. 9), and it appearing
that, although untimely1, defendants filed a motion to dismiss or motion for
summary judgment (Doc. 18) on April 2, 2012, and it further appearing that entry of
judgment by default pursuant to Rule 55(b)(2) is within the discretion of the trial
court, Hritz v. Woma Corp., 732 F.2d 1178, 1180 (3d Cir.1984), and that because the
United States Court of Appeals for the Third Circuit has emphasized that such
“discretion is not without limits” and has repeatedly stated a preference that “cases
be disposed of on the merits whenever practicable,” id. at 1180-81 (citations

According to the waiver of the service of summons (Doc. 15), defendants
were to serve an answer or a motion under Rule 12 within sixty days from
January 18, 2012.
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omitted), it is hereby ORDERED that plaintiff’s motion for default judgment
(Doc. 17) is DENIED.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge