Opinion

Fulk

Court
District Court, S.D. Illinois
Filed
May 18, 2026
Cited by
0 cases
Authority
More cited than 40.9%

“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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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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