Canfield v. VSH Restaurant Corp.

162 F.R.D. 431, 1995 U.S. Dist. LEXIS 10886, 1995 WL 455817
CourtDistrict Court, N.D. New York
DecidedJuly 31, 1995
DocketNo. 95-CV-106
StatusPublished
Cited by5 cases

This text of 162 F.R.D. 431 (Canfield v. VSH Restaurant Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Canfield v. VSH Restaurant Corp., 162 F.R.D. 431, 1995 U.S. Dist. LEXIS 10886, 1995 WL 455817 (N.D.N.Y. 1995).

Opinion

MEMORANDUM DECISION & ORDER

McAVOY, Chief Judge.

The Clerk of the Court caused an entry of default against VSH Restaurant Corporation (d/b/a The Vestal Steakhouse and Seafood Grill), Thomas Panzella, and Robert Hotch-kiss on April 27,1995. Plaintiff Denece Can-field thereupon made a Motion for Default Judgment against the above captioned defendants. Her motion was scheduled to be heard by the court on June 23, 1995. However, on June 14, 1995, the court notified the [433]*433parties that this matter would be taken on SUBMIT and no appearances or oral arguments were necessary.

I. DISCUSSION

A. Background

Plaintiff was an employee of the defendant, VSH Restaurant Corporation, from August 26, 1992 until April 28, 1993. In April of 1993, plaintiff quit her job without providing any advance notice. Subsequently, in August of 1993, plaintiff filed a complaint with the State of New York Division of Human Rights alleging sexual and gender discrimination in violation of the state’s Human Rights Law. The Division of Human Rights later discontinued the proceedings upon learning that plaintiff and her attorney planned to litigate the matter in Federal Court.

On January 23, 1995, plaintiff commenced this action-pursuant to 42 U.S.C. section 2000e et. seq., 28 U.S.C. section 1331 and section 296 of the Executive Law of the State of New York. On January 26, 1995, plaintiffs counsel forwarded a Notice of Lawsuit and Request for waiver of Service of Summons to the above-captioned defendants. None of the defendants waived service. Affidavits of service indicate that Thomas C. Panzella was personally served both individually and on behalf of the VSH Restaurant Corporation on March 6, 1995. Defendant Robert Hotchkiss was later served on March 15, 1995.

B. Entry of Default

All of the Above-captioned defendants failed to file an Answer within twenty days after service and default was entered by the Clerk of the Court on April 27,1995. Defendants VHS corporation and Thomas Panzella subsequently filed their answer on May 24, 1995, while defendant pro-se Robert Hotch-kiss filed his answer on June 22, 1995. Defendants VHS Corporation and Thomas Pan-zella cross-moved to vacate the entry of default in opposition to plaintiffs Motion for Default Judgment.

1. Standard of Review for Entry of Default

Rule 55(a) of the Federal Rules of Civil Procedure provides that a clerk may enter a default upon being advised by affidavit that a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend. Hodges v. Jones, 873 F.Supp. 737 (N.D.N.Y.1995); Enron Oil Corp. v. Diakuhara, 10 F.3d 90 (2d Cir.1993); In re Men’s Sportswear, Inc., 834 F.2d 1134 (2d Cir.1987). After entry of default, the defaulting party may move to set the entry aside for “good cause” shown pursuant to Fed.R.Civ.P. 55(c). Default judgments, on the other hand, are set aside only in accordance with the more stringent standard contemplated by Rule 60(b). Id.

Under Rule 55(e), three principal factors bearing on the appropriateness of relieving a party of a default must be assessed to determine whether good cause has been shown: 1) whether the default was willful, 2) whether setting it aside would prejudice the adversary, and 3) whether a meritorious defense is presented. Hodges v. Jones, 873 F.Supp. at 742 citing, Enron Oil Corp., 10 F.3d at 96. See also, In re Men’s Sportswear, Inc., 834 F.2d at 1138; Meehan v. Snow, 652 F.2d 274, 276 (2d Cir.1981).

Other relevant equitable factors may also be considered, for instance, whether the failure to follow a rule of procedure was a mistake made in good faith and whether the entry of default would bring about a harsh or unfair result. See, Sony Corp. v. Elm State Electronics, Inc., 800 F.2d 317, 320 (2d Cir. 1986).

In evaluating these factors, defaults are generally not favored, particularly when the case presents issues of fact. It follows then, that doubts are to be resolved in favor of a trial on the merits. See, Meehan, 652 F.2d at 277; Klapprott v. United States, 335 U.S. 601, 69 S.Ct. 384, 93 L.Ed. 266 (1949). See also, Pena v. Seguros La Comercial, S.A., 770 F.2d 811 (9th Cir.1985) (default judgments are generally not favored; whenever it is reasonably possible, cases should be decided on the merits).

[434]*434With respect to defaults, courts are entitled to enforce compliance with the time limits of the Rules by various means. However, the extreme sanction of a default judgment must remain a weapon of last, and not first, resort. See, Meehan, 652 F.2d at 277; Peterson v. Term Taxi Inc., 429 F.2d 888, 890-892 (2d Cir.1970). Defaults are reserved for rare occasions and when doubt exists as to whether a default should be granted or vacated, the doubt should be resolved in favor of the defaulting party. Enron Oil Corp. 10 F.3d at 96. In other words, “good cause” and the criteria of Rule 60(b) should be construed generously. Id. See also, Davis v. Musler, 713 F.2d 907, 915 (2d Cir.1983); Meehan, 652 F.2d at 277.

2. Application of the Standard

In the instant action, all of the defendant’s affidavits establish that their default was not willful; rather, it was occasioned by their unawareness that plaintiff commenced formal action and formally served them. On June 5 of 1995, defendants VHS Corporation and Thomas Panzella delivered to the court three Affidavits in Opposition to plaintiffs Motion for Default Judgment: Two of the affidavits were sworn to by Defendant Thomas Panzella and one was sworn to by the president of the VSH Restaurant Corporation, Cameron Robert. Defendant Panzella’s instant affidavits explain that he “did not realize that formal service was being made” and that he believed he “was merely being provided with extra copies of the paperwork and request for waiver that had been previously mailed.” Mr. Panzella further asserts that the person who gave him these papers (Lee Ross) indicated that he worked for attorney Ronald Benjamin and wanted to go over some papers with the defendant. However, Mr. Panzella also claims that Mr.

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162 F.R.D. 431, 1995 U.S. Dist. LEXIS 10886, 1995 WL 455817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canfield-v-vsh-restaurant-corp-nynd-1995.