Momah v. Albert Einstein Medical Center

161 F.R.D. 304, 1995 U.S. Dist. LEXIS 6306, 1995 WL 286716
CourtDistrict Court, E.D. Pennsylvania
DecidedMay 8, 1995
DocketNo. 94-CV-7043
StatusPublished
Cited by28 cases

This text of 161 F.R.D. 304 (Momah v. Albert Einstein Medical Center) 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
Momah v. Albert Einstein Medical Center, 161 F.R.D. 304, 1995 U.S. Dist. LEXIS 6306, 1995 WL 286716 (E.D. Pa. 1995).

Opinion

MEMORANDUM AND ORDER

JOYNER, District Judge.

This ease has been brought before the Court by motion of the defendants, who have filed a motion pursuant to Fed.R.Civ.P. 55(c) seeking to set aside the entry of default. For the reasons that follow, the motion will be granted.

1. BACKGROUND

The plaintiff in this case is Dr. Clement I. Momah, M.D., an aspiring obstetrician who has alleged, inter alia¡ that he was discharged from his employment in violation of Title VII. On November 21, 1994, Dr. Mo-mah initiated this lawsuit, naming as defendants the Albert Einstein Medical Center (“AEMC”); Old York Road Ob/Gyn Associates, P.C.; as well as Dr. Sze-Ya Yeh, M.D. and Dr. Jeffrey Levy, M.D. On December 16, 1994, the defendants were served with a copy of the complaint, together with a request to waive service pursuant to. Rule 4(d). On January 18, 1994, the defendants accepted service of the complaint. Thus, pursuant to Rule 12(a)(1), the defendants had until February 17, 1995 to submit an answer to the complaint.1

On February 3, 1995, Dr. Momah served on the defendants an amended complaint. Defendants’ counsel claims that she was under the mistaken impression that the filing of the amended complaint gave her a fresh twenty days in which to respond.2 As a result, Defendants did not file an answer until February 23, 1995. Meanwhile, Dr. Momah made a request for the, entry of default by the clerk, and on February 21, 1995, such default was entered against De[307]*307fendants. Defendants received notice of the entry of default on February 23 and filed the instant motion to set aside default on the following day, February 24, 1995.

II. DISCUSSION

A. Rule 55(c) Standard

This Court may set aside an entry of default for “good cause shown.” Rule 55(c). This provision vests the Court with broad discretion in deciding whether to set aside an entry of default. Hamilton v. Edell, 67 F.R.D. 18, 20 (E.D.Pa.1975) (citations omitted). 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); Medunic v. Lederer, 533 F.2d 891, 893-94 (3d Cir.1976). Thus, Rule 55(c) motions are construed liberally in favor of the movant. Hamilton, 67 F.R.D. at 20. The Third Circuit has set forth the factors to examine in resolving the instant motion. Thus, we must determine: (1) whether setting aside the default would prejudice the plaintiff; (2) whether defendant has asserted a meritorious defense; (3) the extent to which the defendant’s culpability caused the default; and (4) the effectiveness of alternative sanctions. Emcasco Ins. Co. v. Sambrick, 834 F.2d 71, 73 (3d Cir.1987) (citations omitted); Famese, 687 F.2d at 764; Foy v. Dicks, 146 F.R.D. 113, 115 (E.D.Pa.1993).

B. Analysis
1. Prejudice

Prejudice arises where the setting aside of the entry of default results in the loss of relevant evidence or some other occurrence that tends to impair the plaintiffs ability to pursue the claim. Emcasco, 834 F.2d at 74. In this case, Defendants filed their answer on the fourth business day after it was due. Dr. Momah argues that he will be prejudiced in that he cannot gain employment until the matter is resolved, but as our court of appeals has noted, “ ‘[d]elay in realizing satisfaction on a claim rarely serves to establish the degree of prejudice sufficient to prevent the opening [of] a default judgment entered at an early stage of the proceeding.’ ” Id. (quoting Feliciano v. Reliant Tooling Co., 691 F.2d 653, 656-57 (3d Cir. 1982)); see Foy, 146 F.R.D. at 115-18 (entry of default set aside where defendant filed answer seven weeks after complaint was served). Moreover, the delay of four business days will not result in prejudice to Dr. Momah with respect to the loss of evidence or witnesses. Accordingly, this Court finds the plaintiff will suffer no prejudice should the entry of default be set aside.

2. Meritorious Defense

A meritorious defense is one which, “if established at trial, would completely bar plaintiffs’ recovery.” Foy, 146 F.R.D. at 116. To satisfy this element, the defendants’ answer and pleadings must contain specific facts that would allow them to advance a complete defense. Id. (citing United States v. $55,518.05 in U.S. Currency, 728 F.2d 192, 194-96 (3d Cir.1984); Accu-Weather, Inc. v. Reuters, Ltd., 779 F.Supp. 801, 803 (M.D.Pa.1991)). A court requires the defendant to raise specific facts beyond a general denial so that it has some basis for determining whether the defendant can make out a complete defense. $55,518.05 in U.S. Currency, 728 F.2d at 195. Thus, in order to determine whether Defendants have set forth a meritorious defense, we must analyze the nature of the claims and the defenses thereto. Id.

Dr. Momah’s claims can be summarized as follows: (1) discrimination and retaliation on the basis of race and national origin, (2) breach of contract, and (3) defamation. With respect to the first set of claims, Defendants have proffered a meritorious defense if they set forth some legitimate, nondiscriminatory reason for Dr. Momah’s termination. Fuentes v. Perskie, 32 F.3d 759, 763 (3d Cir.1994) (citation omitted). Defendants assert that Dr. Momah’s performance generated a number of complaints from patients, that Dr. Momah failed to abide by the terms of his probation, that he failed to comply with various reporting requirements, and that he was frequently late for bedside rounds. After numerous warnings, Dr. Momah was terminated. Thus, Defendants have advanced a [308]*308nondiscriminatory reason for Dr. Momah’s termination which, if established at trial, would constitute a complete defense to the discrimination and retaliation claims. As a result, they have set forth a meritorious defense sufficient to meet the Rule 55(c) standard.

Dr. Momah has also set forth a claim alleging that Defendants breached the employment contract. Pursuant to the agreement, Dr. Momah is entitled to the right to appeal and a hearing regarding any decision to terminate. The agreement provides as follows:

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Bluebook (online)
161 F.R.D. 304, 1995 U.S. Dist. LEXIS 6306, 1995 WL 286716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/momah-v-albert-einstein-medical-center-paed-1995.