Opinion

Bonds v. Berne Union Local Schools

Court
District Court, S.D. Ohio
Filed
Aug 16, 2023
Cited by
0 cases
Authority
More cited than 28.4%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOURTHERN DISTRICT OF OHIO

EASTERN DIVISION

TODD BONDS, :

:

Plaintiff, : Case No. 2:20-cv-5367

:

v. : Chief Judge Algenon L. Marbley

:

BERNE UNION LOCAL SCHOOLS : Magistrate Judge Elizabeth P. Deavers

et al., :

:

Defendants. :

OPINION & ORDER

This matter is before this Court on Defendant Leah Armstrong’s Motion to Set Aside Entry

of Judgment (ECF No. 67) regarding this Court’s order granting entry of default against her (ECF

Nos. 57; 86). For the reasons stated below, Defendant’s Motion is GRANTED.

I. BACKGROUND

Mr. Bonds initiated this suit on October 16, 2020, stemming from a school district official

denying him access to a football game in which his son was playing. (See generally ECF Nos. 1;

18). More broadly, Plaintiff raised ten allegations related to the custody of his fifteen-year-old son,

discrimination against him as a Black male, and retaliation against him by government officials

related to child support he owed. (Id.). This Court already detailed the factual background of this

case, (see ECF No. 8 at 2–3) and thus, focuses on the procedural history relevant to this motion.

In response to earlier rulings, Plaintiff filed an Amended Complaint on October 15, 2021.

(ECF No. 18). On May 5, 2022, Plaintiff moved for an Entry of Default and Default Judgment

against Defendant Armstrong. (ECF No. 55). On September 21, 2022, this Court dismissed Counts

IV–X in their entirety and several defendants against who Plaintiff failed to state a claim. (ECF

No. 57). This Court also granted Plaintiff’s Motion for Entry of Default against Defendant

Armstrong. (Id. at 9). Only three counts and two defendants remain: (1) Counts I for discrimination

and II for retaliation against Leah Armstrong, the Fairfield County Job and Family Services

(“FCJFS”) Case Worker who oversees collection of child support from Plaintiff for his son; and

(2) Count III for discrimination against Daniel Snively, the Athletic Director at Plaintiff’s son’s

school. (Id.). As it relates to Ms. Armstrong, Plaintiff alleges that she called him a racial slur when

he inquired about his child support responsibilities. (ECF No. 69 at 7).

On December 23, 2022, Armstrong filed a Motion to Set Aside this Court’s ruling granting

the Motion for Entry of Default against her. (ECF No. 67). Plaintiff and Defendant Armstrong

have both filed responsive pleading; therefore, this matter is ripe for review. (ECF No. 69; 72).

II. STANDARD OF REVIEW

Under Federal Rule of Civil Procedure 55(c), a party may move to set aside an entry of

default “for good cause.” In determining whether “good cause” has been shown, courts must

consider: “(1) whether culpable conduct of the defendant led to default; (2) whether the defendant

has a meriotorious defense; and (3) whether the plaintiff will be prejudiced.” Burrell v. Henderson,

434 F.3d 826, 831 (6th Cir. 2006) (quoting Waifersong, Ltd. v. Classic Music Vending, 976 F.2d

290, 292 (6th Cir. 1992)); Fed. R. Civ. P. 55(c). “Any doubt should be resolved in favor of the

petition to set aside the judgment so that cases may be decided on their merits.” United Coin Meter

Co. v. Seaboard Coastline R.R., 705 F.2d 839, 846 (6th Cir. 1983) (internal citations omitted);

Dassault Systemes, SA v. Childress, 663 F.3d 832, 841 (6th Cir. 2011).

III. LAW & ANALYSIS

Defendant Armstrong moves this Court to set aside its September 21, 2022 Entry of Default

against her. Specifically, Armstrong argues that someone with the initials “ASM” or “DSM”

signed for service of summons, which are not her initials and not the initials of anyone who had

authority to sign on her behalf. (ECF No. 67 at 4, 6–7). She alleges she was not made aware of the

litigation until December 22, 2022 when she was informed by her employer, FCJFS, that Plaintiff

had made a public records request on December 19, 2022 within which Plaintiff referenced this

litigation. (Id. at 4–5, 8). She argues that she should be afforded the opportunity to advance

defenses of statutory immunity pursuant to qualified immunity as a government official and O.R.C.

§ 2744, which governs tort liability for political subdivisions in Ohio. (Id. at 8–9). Armstrong

denies the claims made against her, and because Armstrong has yet to be served any pleadings,

she maintains that this court lacks personal jurisdiction over her. (Id. at 7).

Plaintiff counters that Armstrong is lying in her affidavit and that she is “involved in a

conspiracy to deprive Plaintiff of his civil rights to engage with his son.” (ECF No. 69 at 4–5).

Plaintiff argues that Armstrong was aware of the litigation as he had made requests for personnel

files from other FCJFS employees in the beginning of December 2022. (Id. at 5). Plaintiff argues

Kelly Shoemaker, Armstrong’s supervisor, signed for the documents served and Shoemaker

should have informed Armstrong of the summons. (Id. at 5). Plaintiff maintains that granting this

Motion would prejudice him and further delay an already two-year-old case. (Id. at 8–9).

Armstrong reiterates that Plaintiff has still yet to serve her any pleadings, and service upon

another employee of FCJFS, regardless of their position, does not meet the service requirements.

(ECF No. 72 at 4). Further, Armstrong argues that none of the exhibits Plaintiff attached to his

Response demonstrate service or that he would be prejudiced by this Court granting this Motion,

but instead reference her performance reviews. (Id. at 5–6).

1. Culpable Conduct of Defendant

First, “[t]o be treated as culpable, the conduct of a defendant must display either an intent

to thwart judicial proceedings or a reckless disregard for the effect of its conduct on those

proceedings.” Dassault Systemes, 663 F.3d at 841 (quoting Shepard Claims Serv. Inc. v. William

Darrah & Associates, 796 F.2d 190, 194 (6th Cir. 1992)). Armstrong alleges that she first learned

of this litigation and the entry of default against her on December 22, 2022, and filed a Motion to

Set Aside the Entry of Default the following day. Even though Plaintiff argues that other

employees at FCJFS were aware of the litigation as early as December 2, 2022 (ECF No. 69 at 5),

Plaintiff presents no evidence that Armstrong was also aware at that earlier date. Therefore, this

Court is led to conclude that Armstrong acted quickly to remedy the situation. See Krutko v.

Franklin Cnty., Ohio, No. 2:11-CV-610, 2012 WL 104541, at *2 (S.D. Ohio Jan. 12, 2012) (citing

Dassault, 663 F.3d at 839) (declining to find willfulness where the defendant showed no

intentional disregard for obligations and made every effort to remedy the mistake once it came to

his attention). Second, neither federal nor Ohio law permit service at a person’s place of work,

unless service is personally effectuated to that individual or their representative. Fed. R. Civ. P.

4(e)(2); Ohio Civ. R. 4.1. Therefore, it was Plaintiff’s responsibility to ensure proper service, and

not the fault of Armstrong.

2. Meritorious Defense

“A defense is meritorious if it is good at law.” Dassault, 663 F.3d at 843 (citing United

States v. $22,050.00 United States Currency, 595 F.3d 318, 326 (6th Cir. 2010)). The standard is

not “whether a defense is likely to succeed on the merits” but rather “whether there is some

possibility that the outcome of the suit after a full trial will be contrary to the result achieved by

the default.” Id. (internal quotation omitted). It is well established that public officials are entitled

to qualified immunity from suits for damages, to “shield them from undue interference with their

duties and from potentially disabling threats of liability.” Harlow v. Fitzgerald, 457 U.S. 800, 806

(1982). The defenses advanced by Armstrong—qualified immunity as a government employee

under state and federal law—prove the possibility that the outcome of trial could be contrary to

adverse judgment by default. Thus, this factor weighs in favor of setting aside the entry of default.

3. Prejudice to Plaintiff

To deny a motion to set aside an entry of default, a plaintiff must show prejudice beyond

mere delay. United Coin Meter, 705 F.2d at 845. A plaintiff must demonstrate “that delay will

‘result in the loss of evidence, create increased difficulties of discovery, or provide greater

opportunity for fraud and collusion.’” INVST Fin. Group, Inc. v. Chem-Nuclear Sys., Inc., 815

F.2d 391, 398 (6th Cir. 1987) (quoting Davis v. Musler, 713 F.2d 907, 916 (2d Cir. 1983));

Amernational Ind. Inc. v. Action-Tungram Inc., 925 F.2d 970, 977 (6th Cir. 1991) (same).

Plaintiff’s only argument as to prejudice is that he would “have to pay for examining dates

for future proceeding involving another Defendant” after the litigation has been ongoing for two

years. (ECF No. 69 at 8). While Plaintiff’s allegation is unclear, he appears to argue that there may

be additional costs associated with litigation against Armstrong. He does not provide any evidence,

however, of estimated costs or that it would substantially increase the difficulties of discovery and

progression of the case. Johansen v. Blue Raven Solar, LLC, No. 20-CV-2930, 2020 WL 6270864,

at *1 (S.D. Ohio Oct. 26, 2020) (concluding that lack of evidence demonstrating significant

hardship should entry of default be set aside does not meet the prejudice to plaintiff prong).

Because all factors weigh in favor of granting Defendant Armstrong’s Motion to set aside

entry of default, Defendant’s Motion is granted.

IV. CONCLUSION

For the foregoing reasons, Defendant Armstrong’s Motion to Set Aside Entry of Default is

GRANTED. (ECF No. 67). This Court VACATES the Clerk’s entry of default. (ECF No. 86).

Defendant has twenty-one (21) days from the date of this Order to file an answer to Plaintiffs

Amended Complaint.

IT IS SO ORDERED.

‘ elas

CHIEF UNITED STATES DISTRICT JUDGE

DATED: August 16, 2023

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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