Opinion

Henney v. Kohn

Court
District Court, S.D. Illinois
Filed
Jun 11, 2021
Cited by
0 cases
Authority
More cited than 22.2%

noting the standard for good cause is less stringent than seeking relief from final judgment under Rule 60(b), which requires showing mistake, inadvertence, or excusable neglect

How later courts described this case

  • noting the standard for good cause is less stringent than seeking relief from final judgment under Rule 60(b), which requires showing mistake, inadvertence, or excusable neglect
  • The Rule 55(c) standard is more lenient due to the “policy of favoring trial on the merits over default judgment.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

DANIEL HENNEY, )

Plaintiff,

vs. Case No. 19-cv-443-DWD

JEREMY KOHN,

MATTHEW MCCARTHY, )

WEXFORD HEALTH SOURCES, INC.,)

SHERRY MCVEY, )

DENSMORE, )

Defendants.

MEMORANDUM AND ORDER

DUGAN, District Judge:

In this matter, Plaintiff Daniel Henney, an inmate in the custody of the I[linois

Department of Corrections, alleges Eighth Amendment deliberate indifference claims

against Defendant Densmore related to Plaintiff's conditions of confinement in the dining

hall at Lawrence Correctional Center (“Lawrence”). Plaintiff's First Amended Complaint

adding this claim against Defendant Densmore was filed on September 28, 2020 (Doc. 92).

A request for waiver of service of summons was sent to Defendant Densmore on

September 28, 2020 (Doc. 84). Defendant Rick Densmore executed and returned a waiver

of service, and his answer was due by December 7, 2020 (Doc. 91). Defendant failed to

timely appear and answer the complaint, and the Clerk of Court entered default against

Defendant Densmore on May 24, 2021 (Doc. 102).

Now before the Court is the Motion for Default Judgment (Doc. 104) filed by

Plaintiff on June 4, 2021, and the Motion to Set Aside Default (Doc. 105) filed by

Defendant Densmore June 9, 2021 (Doc. 105). For the reasons detailed below, Plaintiff's

Motion is DENIED, and Defendant's Motion is GRANTED.

Discussion

Fed. R. Civ. P. 55(c) provides that “the court may set aside an entry of default for

good cause.” The standard for “good cause” is lenient, particularly where, as here, the

Clerk has entered default, but default has not yet been finalized. See JMB Mfg., Inc. v.

Child Craft, LLC, 799 F.3d 780, 791-792 (7th Cir. 2015); Cracco v. Vitran Exp., Inc., 559 F.3d

625, 631 (7th Cir. 2009) (The Rule 55(c) standard is more lenient due to the “policy of

favoring trial on the merits over default judgment.”). To prevail on a Rule 55(c) motion,

the movant “must show: (1) good cause for the default, (2) quick action to correct it, and

(3) a meritorious defense to the complaint. See Cracco, 559 F.3d at 630-631 (internal

quotation and citation omitted).

Good cause does not require a party to provide a good excuse so long as setting

aside a default does not cause prejudice to the opposing party. See JMB Mfg., Inc., 799

F.3d at 792; see also Arwa Chiropractic, P.C. v. Med-Care Diabetic, 961 F.3d 942, 948 (7th Cir.

2020) (noting the standard for good cause is less stringent than seeking relief from final

judgment under Rule 60(b), which requires showing mistake, inadvertence, or excusable

neglect). Likewise, to establish a meritorious defense, a party does not need to make a

definitive showing that the defense will prevail, though more than bare legal conclusions

must be provided. See Acosta v. DT & C Global Management, LLC, 874 F.3d 557, 561-562

(7th Cir. 2017).

Here, Defendant Densmore took quick corrective action in response to the entry

of default. The default was entered on May 24, 2021, and he moved to set it aside on June

9, 2021. Densmore also demonstrates good cause for the default. While Densmore

executed his waiver of service promptly upon receipt in October 2020, Densmore was

unaware that he needed to take additional steps to secure representation from the Office

of the Illinois Attorney General and wrongfully believed that his returning of the request

for waiver of service was all that was needed (Doc. 105-1). Further, Densmore represents

that he retired from the Illinois Department of Corrections in January 2019, nearly one

year prior to the filing of Plaintiff's Amended Complaint, and therefore had not been in

contact with the Lawrence facility so to realize his mistake. However, upon learning of

his error, he promptly returned all missing representation paperwork, and his Counsel

entered an appearance on May 27, 2021, three days after the entry of default (Doc. 103).

The Court accepts Densmore’s representation of this confusion, and finds it akin

to mistake or excusable neglect, and thus sufficient for establishing good cause.

Densmore further claims to have a meritorious defense to Plaintiff's complaint, arguing

that Plaintiff's claims are precluded by the Eleventh Amendment, and barred by

Plaintiff's alleged failure to exhaust his administrative remedies (Doc. 105). Further,

Densmore asserts that he is protected from liability by qualified immunity (Id.). The

record therefore supports a finding that Densmore has a meritorious defense to Plaintiff's

claims.

Conclusion

Considering the foregoing, and that Defendant Densmore’s default had not yet

been finalized, the Court finds good cause for setting aside the entry of default here.

Accordingly, Plaintiff's Motion for Default Judgment (Doc. 104) is DENIED. Defendant

Densmore’s Motion to Set Aside Default (Doc. 105) is GRANTED. The default entered

on May 24, 2021 is hereby SET ASIDE. Defendant Densmore shall answer or otherwise

respond to Plaintiff's Amended Complaint (Doc. 82; Doc. 83) by July 2, 2021.

SO ORDERED.

Dated: June 11, 2021

LL CG

DAVID W. DUGAN

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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