Terry Richardson Concrete LLC v. Mack Mechanichal, Inc et al

Filing 42

DENIAL OF DEFAULT. Signed by Clerk of Court Keith Throckmorton on 5/7/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COOKEVILLE DIVISION

Terry Richardson, individually and d/b/a
Terry Richardson Concrete, LLC
Plaintiff,
v.
Mack Mechanical, Inc. and American Safety
Casualty Insurance Company,
Defendants

)
)
) Case No. 2:12-cv-0109
)
) Judge Sharp
) Magistrate Judge Griffin
)
)
)
)
)

DENIAL OF DEFAULT
Pending is Plaintiff’s Application to Clerk for Entry of Default against Defendants Mack
Mechanical, Inc. and American Safety Casualty Insurance Company (Docket Entry No. 37). The
application is denied as those Defendants filed an Answer on April 22, 2013 (Docket Entry No. 39).
Though the filing was outside of the time period required by law, the Clerk declines to enter default
absent a showing of prejudice as a result of the late filing of Defendant’s Answer, which was not pled

by the Plaintiff and is not found by the Clerk. Default is not to be granted lightly. “Judgment by
default is a drastic step which should be resorted to only in the most extreme cases.” United Coin
Meter Co., Inc. v. Seaboard Coastline RR. 705 F.2d 839 (6thCir.1983).

s/ Keith Throckmorton
Keith Throckmorton
Clerk of Court