Conetta v. National Hair Care Centers, Inc.

186 F.R.D. 262, 43 Fed. R. Serv. 3d 1025, 1999 U.S. Dist. LEXIS 6735, 1999 WL 258717
CourtDistrict Court, D. Rhode Island
DecidedApril 27, 1999
DocketC.A. No. 96-471-L
StatusPublished
Cited by14 cases

This text of 186 F.R.D. 262 (Conetta v. National Hair Care Centers, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conetta v. National Hair Care Centers, Inc., 186 F.R.D. 262, 43 Fed. R. Serv. 3d 1025, 1999 U.S. Dist. LEXIS 6735, 1999 WL 258717 (D.R.I. 1999).

Opinion

LAGUEUX, Chief Judge.

When litigants appear before this Court, they deserve a “just, speedy, and inexpensive determination of every action.” Fed.R.Civ.P. 1. For the most part, that means they should have their cases heard on the merits. Plaintiffs should make their allegations in a complaint. Defendants should marshal their defenses in an answer. The judge or jury should consider the law and the specific facts of the dispute to reach a fair outcome.

This case is an exception. This case turns, not on how plaintiffs were treated before filing suit, but how defendant dealt with the case after receiving notice of its filing. National Hair Care Centers, Inc. (“NHCC”) ignored this case until after a default and default judgment had been entered, in effect frustrating the basic goal set out in the Federal Rules.

Diane M. Conetta alleges that she was discriminated against because of her sex and age when she worked for NHCC. The company received notice of the suit but never appeared in this Court to defend, and, as a result, Diane M. Conetta and Peter Conetta [,hereinafter collectively “the Conettas”] got a default judgment in the amount of $301,-000.00. Much later, NHCC moved to vacate the default based on Fed.R.Civ.P. 55(c) and the judgment based on Fed.R.Civ.P. 60(b)(1). In an April 22, 1998 Report & Recommendation, Magistrate Judge Robert W. Lovegreen suggested vacating the judgment, and the Conettas objected thereto and came to this Court. This Court decided that, in considering a motion to vacate a judgment, a district court reviews a magistrate judge’s decision de novo. See Conetta v. National Hair Care Centers Inc., 182 F.R.D. 403, 405-06 (D.R.I. 1998) [hereinafter Conetta I ].

Since Conetta I was decided, the legal landscape has been altered in two ways. First, this Court held an evidentiary hearing on February 1, 1999 [hereinafter the “February 1999 hearing”] to expand the record. Second, this Court discovered a flaw in the default judgment. The order mandating the entry of judgment was signed by Magistrate Judge Lovegreen, rather than by the district judge then assigned to this case, Senior Judge Raymond Pettine. After this Court disclosed the problem to the parties in a chambers conference held on the record, NHCC supplemented its motion to vacate to raise the argument that the default judgment is void under Fed.R.Civ.P. 60(b)(4).

Therefore, the issues facing this Court now include:

• whether the default judgment is void under Fed.R.Civ.P. 60(b)(4).

• if not, whether the default judgment should be vacated for excusable neglect under Fed.R.Civ.P. 60(b)(1).

• whether the default should be vacated for “good cause” shown under Fed. R.Civ.P. 55(c).

For the reasons outlined below, this Court grants NHCC’s motion to vacate the default judgment because the judgment is void but denies NHCC’s motion to vacate the default because it has failed to show “good cause.”

I. Background

Diane Conetta worked for NHCC as a manager of a hair salon run by NHCC that operated in a Wal-Mart store in Rhode Island. NHCC had many of these salons throughout the country. During her 11 months on the job, Conetta was the oldest employee at this location, and she alleges age and gender discrimination as a result of harassment by her supervisor Robert Puto.

A. Facts Surrounding The S%dt

The Conettas filed their complaint August 16, 1996 and an amended complaint on December 6, 1996. On December 9, 1996, service of process was made upon CT Corporation in Providence, which was the agent for [266]*266service of process for NHCC. The return of service does not state whether the complaint served was the original or amended complaint. Based on evidence adduced at the February 1999 hearing, it is now clear that it was the amended version. (See Transcript of February 1, 1999 Hearing at 51 [hereinafter Transcript].)

In that amended complaint, Diane Conetta alleged a claim for sex discrimination under Title VII, 42 U.S.C. § 2000e et seq.; a claim under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; and claims under the Rhode Island Fair Employment Practices Act, R.I.G.L § 28-5-1 et seq. and the Rhode Island Civil Rights Act of 1990, § 42-112-1 et seq. Additionally, she posited state common law claims for assault, negligent infliction of emotional distress, failure to supervise and respondeat superior. Peter Conetta made a claim for loss of consortium.

No answer was filed, and on January 14, 1997, a default was entered against NHCC by a Deputy Clerk of Court. Robert Puto was never served with process. On February 11, 1997, the Conettas filed a motion for entry of judgment by default as to NHCC. That motion was referred to Magistrate Judge Lovegreen because Senior District Judge Pettine was hors de combat because of illness. The Magistrate Judge held a hearing on May 14, 1997, at which the Conettas and a psychiatrist testified. On May 15, 1997, Magistrate Judge Lovegreen ordered the entry of a default judgment for Diane Conetta in the amount of $151,000 in compensatory damages and $100,000 in punitive damages and for Peter Conetta in the amount of $50,000.1 That order was presented to the Magistrate Judge by plaintiffs’ counsel. To enforce the judgment, the Con-ettas filed a second suit on January 5, 1998 against NHCC and Regis Corporation, an entity that purchased NHCC’s assets and still owes $2.5 million to NHCC. [The second suit, CA98-003L, is hereinafter referred to as the “Second Suit”.]

NHCC made its first appearance in this case on February 9, 1998 when it filed its motion to vacate the default and default judgment. By then, Senior Judge Pettine had retired, and the case was assigned to this writer. The motion was assigned to Magistrate Judge Lovegreen, and he held a hearing on April 13, 1998. In his Report and Recommendation dated April 22, 1998, he opined that NHCC’s motion should be granted. As would be expected, the Conettas objected to that decision. This Court heard oral arguments on July 15, 1998 and issued Conetta I on November 3, 1998. In that opinion, this Court noted that Magistrate Judge Lovegreen had only considered documentary evidence including affidavits, and that was insufficient under the circumstances. This Court thus concluded that an evidentiary hearing with live testimony was necessary to expand the record.

B. The Facts of The Default

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186 F.R.D. 262, 43 Fed. R. Serv. 3d 1025, 1999 U.S. Dist. LEXIS 6735, 1999 WL 258717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conetta-v-national-hair-care-centers-inc-rid-1999.