Hafen v. Guyon et al

Filing 60

MEMORANDUM DECISION AND ORDER denying 56 Motion for Entry of Default as to Jonathan O. Hafen re 49 Amended Counterclaim. Signed by Magistrate Judge Dustin B. Pead on 11/25/24 (alt)

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
JOHATHAN O. HAFEN, in his capacity as
Court-appointed Receiver,
Plaintiff,

v.

PETER W. GUYON, et al.,
Defendant.

MEMORANDUM DECISION AND
ORDER
Case No. 1-23-cv-00074 TC DBP
District Judge Tena Campbell
Chief Magistrate Judge Dustin B. Pead

Defendant Peter W. Guyon moves the court for Entry of Default. 1 On October 22, 2024,
Mr. Guyon filed an Amended Counterclaim. Based on the parties’ stipulation, an answer to the
Amended Counterclaim was due on November 15, 2024. 2 Receiving no response by that date,
Defendant then moved for an entry of default that was initially filed incorrectly. On November
21, 2024, Mr. Hafen refiled his request. On that same day Plaintiff filed an Answer to the
Amended Counterclaim. 3
The Tenth Circuit has noted that “our legal system strongly prefers to decide cases on
their merits.” 4 Because of this, the Tenth Circuit has held that the standard for dismissals or
default sanctions is rather high basing it upon willfulness, bad faith, or some other fault. 5 Given
this strong preference to decide cases on their merits, the court finds no basis to grant

1

ECF No. 56.

2

ECF No. 51.

3

ECF No. 59.

4

Lee v. Max Int'l, LLC, 638 F.3d 1318, 1321 (10th Cir. 2011).

5

See id.

Defendant’s Motion for Entry of Default. Plaintiff has filed an Answer to the Amended
Counterclaim and this case should proceed in normal fashion.
Accordingly, Defendant’s Motion is DENIED.

DATED this 25 November 2024.

Dustin B. Pead
United States Magistrate Judge

2