Jackson v. Delaware County

211 F.R.D. 282, 2002 U.S. Dist. LEXIS 23524, 2002 WL 31609289
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 21, 2002
DocketCivil Action No. 02-3230
StatusPublished
Cited by7 cases

This text of 211 F.R.D. 282 (Jackson v. Delaware County) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Delaware County, 211 F.R.D. 282, 2002 U.S. Dist. LEXIS 23524, 2002 WL 31609289 (E.D. Pa. 2002).

Opinion

MEMORANDUM

BAYLSON, District Judge.

Presently before this Court is Defendants’ Motion to Set Aside Entry of Default and Plaintiffs Motion for Entry of Default Judgment. Plaintiff asserts claims against Defendants for violations of 42 U.S.C. § 1983, negligence, state-created danger, and intentional infliction of emotional distress arising out of Plaintiffs alleged deprivation of medication during his incarceration at the Delaware County Prison (now known as the George W. Hill Correctional Facility).

I. Background

On May 26, 2002, Plaintiff filed a Complaint against the following thirteen Defendants: Delaware County; Wackenhut Corrections Corporation; Wackenhut Corporation; Delaware County Board of Prison Inspectors; Charles Sexton, Chairman of Delaware County Board of Prison Inspectors; George Hill, Superintendent of Delaware County Prison (George W. Hill Correctional Facility); James Janecka, Warden of Delaware County Prison; Deborah Perretta, Health Services Administrator of Delaware County Prison; Dr. Margaret Carrillo, Delaware County Pris[283]*283on; Dr. Friedrick, Delaware County Prison; Dr. Holland Hull, Delaware County Prison; Merian Byrd, Nurse, Delaware County Prison; and Carol Snell, Nurse, Delaware County Prison. Summonses were issued to all thirteen Defendants and executed on September 17, 2002. Defendants did not file any responsive pleadings, and on October 10, 2002, Plaintiff requested that the Clerk of the Court enter a default and filed a Motion for Default Judgment. Default was entered on the same day in accordance with Fed.R.Civ.P. 55(a).1

On October 17, 2002, defense counsel entered his appearance on behalf of all Defendants except Defendants Carrillo, Friedrick, and Hull. However, on that same date, defense counsel also filed a Motion to Set Aside Entry of Default and an Answer to the Complaint with affirmative defenses on behalf of all Defendants.2 Defense counsel asserts that he was awaiting service of all Defendants before filing a responsive pleading and that he was not authorized to accept service on behalf of Defendants Carrillo, Friedrick, and Hull, who were not working at the prison on the day the other Defendants were served. (Def.’s Mot. to Set Aside Default ¶¶ 10-12).

II. Legal Standard and Jurisdiction

The criteria for determining whether to set aside a default judgment or an entry of default are the same, but are applied more liberally to a default. See Duncan v. Speach, 162 F.R.D. 43, 44 (E.D.Pa.1995). Generally, courts look upon the default procedure with disfavor because the interests of justice are best served by obtaining a decision on the merits. Farnese v. Bagnasco, 687 F.2d 761, 764 (3d Cir.1982). The Court may set aside the entry of default for “good cause shown.” Fed.R.Civ.P. 55(c). In determining whether there is good cause to strike an entry of default, the Court considers whether the plaintiff will be prejudiced, whether the default was the result of the defendant’s culpable conduct, whether the defendant has a meritorious defense, and the effectiveness of an alternative sanction. Emcasco Insurance Co. v. Sambrick, 834 F.2d 71, 73 (3d Cir. 1987); United States v. $55,518.05 in U.S. Currency, 728 F.2d 192, 194-95 (3d Cir.1984); Dizzley v. Friends Rehabilitation Program, Inc., 202 F.R.D. 146, 147 (E.D.Pa.2001).

This Court has jurisdiction pursuant to 28 U.S.C. § 1331, and venue is appropriate under 28 U.S.C. § 1391(b).

III. Analysis

A. Prejudice to Plaintiff

A plaintiff is prejudiced where the loss of relevant evidence or some other occurrence impairs the plaintiffs ability to pursue the claim. See Feliciano v. Reliant-Tooling Co., 691 F.2d 653, 656-57 (3d Cir.1982). Delay in obtaining satisfaction on a claim rarely establishes the degree of prejudice sufficient to preclude setting aside the default, which invariably has been entered at an early stage of the proceedings. Id. at 656-57. The fact that a plaintiff will have to litigate an action on the merits rather than proceed by default does not constitute prejudice. Choice Hotels Int’l, Inc. v. Pennave Associates, Inc., 192 F.R.D. 171, 174 (E.D.Pa. 2000).

Plaintiff here claims that “[wjhile moving Defendants deliberately delayed this action, Plaintiffs recovery and remedy are in jeopardy.” (Pl’s Mem. Opposing Def.’s Mot. to Set Aside Entry of Default 13). However, Plaintiff has failed to show that any prejudice would result were the Court to set aside the entry of default.

[284]*284B. Defendant’s Culpable Conduct

“Culpable conduct” refers to actions taken -willfully or in bad faith. Gross v. Stereo Component Systems, Inc., 700 F.2d 120, 123-24 (3d Cir.1983); Choice Hotels, 192 F.R.D. at 174. Although intentional or reckless ’ disregard of communications from the plaintiff or the Court may satisfy the culpable conduct standard, “more than mere negligence must be demonstrated.” Hritz v. Woma Corp., 732 F.2d 1178, 1183 (3d Cir. 1984). See also Cassell v. Philadelphia Maintenance Co., 198 F.R.D. 67, 69 (E.D.Pa. 2000); Foy v. Dicks, 146 F.R.D. 113, 117 (E.D.Pa.1993). The Court considers the extent to which the error is attributable to the defendant and the extent to which it is attributable to defense counsel. See Momah v. Albert Einstein Medical Center, 161 F.R.D. 304, 308 (E.D.Pa.1995); Interior Finish Contractors Assoc. v. Drywall Finishers Local Union No.1955, 625 F.Supp. 1233, 1239 (E.D.Pa.1985). The party seeking to set aside the entry of default must act with reasonable promptness. Rockwell Transportation Services, Inc. v. International Printing and Envelope Co., Inc., C.A. No. 02-724, 2002 WL 1018928, at *1 (E.D.Pa. May 20, 2002) (quoting Consolidated Masonry and Fireproofing, Inc. v. Wagman Construction Corp., 383 F.2d 249, 251 (4th Cir.1967) (“Generally a default should be set aside where the moving party acts with reasonable promptness and alleges a meritorious defense.”)).

In this case, defense counsel is responsible for the entry of default.

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211 F.R.D. 282, 2002 U.S. Dist. LEXIS 23524, 2002 WL 31609289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-delaware-county-paed-2002.