“Damages disproportionate to the wrong afford good cause for judicial action, even [if] there is no good excuse for the defendant's inattention to the case.”
How later courts described this case
- “Damages disproportionate to the wrong afford good cause for judicial action, even [if] there is no good excuse for the defendant's inattention to the case.”
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RYLAN FULK,
Plaintiff,
v. Case No. 3:26-CV-261-NJR
THE CARLE FOUNDATION d/b/a
CARLE RICHLAND MEMORIAL
HOSPITAL,
Defendant.
MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
Plaintiff Rylan Fulk initiated this action against Defendant Carle Richland
Memorial Hospital (“CRMH”), improperly named as The Carle Foundation d/b/a Carle
Richland Memorial Hospital, on March 6, 2026. (Doc. 1). Fulk served CRMH on March
17, 2026. (Doc. 5). When CRMH did not file a responsive pleading by the deadline of April
7, 2026, Fulk filed a Motion for Entry of Default under Federal Rule of Civil Procedure
55(a). (Doc. 8). The Clerk of Court subsequently entered default against CRMH. (Doc. 9).
Now before the Court is CRMH’s Unopposed Motion to Vacate Clerk’s Default.
(Doc. 14). The motion states that CRMH, upon learning of the default, acted promptly to
retain counsel, who immediately contacted counsel for Fulk. The parties conferred, and
Fulk has no objection to the Court vacating the entry of default.
Under Federal Rule of Civil Procedure 55(c), “the court may set aside an entry of
default for good cause . . . .” FED. R. CIV. P. 55(c). A party wishing to have entry of default
vacated prior to entry of a default judgment must show: (1) good cause; (2) quick action
to correct the default; and (3) a meritorious defense to the complaint. Sun v. Board of
Trustees of University of IL, 473 F.3d 799, 810 (7th Cir. 2007). “Rule 55(c) requires ‘good
cause’ for the judicial action, not ‘good cause’ for the defendant's error.” Sims v. EGA
Prods., 475 F.3d 865, 868 (7th Cir. 2007) (“Damages disproportionate to the wrong afford
good cause for judicial action, even [if] there is no good excuse for the defendant's
inattention to the case.”).
CRMH has demonstrated good cause for vacating the entry of default under Rule
Accordingly, the Court GRANTS the Unopposed Motion to Vacate Clerk’s Default.
(Doc. 14). Pursuant to the parties’ agreement, CRMH shall file a responsive pleading
within 21 days of this Order.
The Clerk of Court is DIRECTED to correct Defendant's name on the docket from
The Carle Foundation d/b/a Carle Richland Memorial Hospital to Carle Richland
Memorial Hospital.
IT IS SO ORDERED.
DATED: May 18, 2026
NANCY J. ROSENSTENGEL |
United States District Judge
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