Schmir v. Prudential Insurance Co. of America

220 F.R.D. 4, 58 Fed. R. Serv. 3d 228, 2004 U.S. Dist. LEXIS 1656, 2004 WL 213654
CourtDistrict Court, D. Maine
DecidedFebruary 4, 2004
DocketNo. 03-CV-187-P-S
StatusPublished
Cited by4 cases

This text of 220 F.R.D. 4 (Schmir v. Prudential Insurance Co. of America) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schmir v. Prudential Insurance Co. of America, 220 F.R.D. 4, 58 Fed. R. Serv. 3d 228, 2004 U.S. Dist. LEXIS 1656, 2004 WL 213654 (D. Me. 2004).

Opinion

ORDER ON PLAINTIFF’S REQUEST FOR DEFAULT

SINGAL, Chief Judge.

Presently before the Court is Plaintiffs Request for Default and Application for Default Judgment (Docket # 31), which Plaintiff filed on December 28, 2003. On the same day, Defendants filed their Opposition to Plaintiffs Motion (Docket # 33) as well as a belated Answer to Plaintiffs Complaint (Docket #32). For the reasons set forth below, the Court DENIES Plaintiffs Request for Default but also ORDERS that Defendants pay Plaintiffs Counsel $500.00 to cover the costs of moving for default.

I. BACKGROUND

The factual allegations of this case are detailed in the October 30, 2003 Recommended Decision on Defendants’ Motion to Dismiss, which this Court adopted on December 2, 2003. Defendants received electronic notice of this Court’s adoption of the recommended decision that same day. Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendants should have filed their answer “within 10 days after notice of the court’s action.” In accordance with the District of Maine Administrative Procedures Governing the Filing and Service by Electronic Means and Federal Rules of Civil Procedure 5(b)(2)(D) & 6(e), Defendants were allotted three (3) extra days because service by electronic means is treated the same as service by mail. Thus, Defendants should have filed an answer on or before December 19, 2003. However, Defendants did not file an answer until December 23, 2003 and, by all accounts, it appears that the only reason Defendants filed an answer on that day was in response to the Request for Default that Plaintiff had filed that morning.

[5]*5December 19, 2003 marked the second time Defendants have failed to meet the deadline for responding to Plaintiffs Complaint. Previously, Defendants had missed an earlier September 8, 2003 deadline for responding to Plaintiffs Complaint and, two days after that deadline had passed, filed a belated motion seeking an extension. In that Motion, filed on September 10, 2003, Defendants asserted two reasons for their delay: (1) defense counsel needed additional time to review the file that counsel had “just recently received” and (2) defense counsel had “inadvertently miscalculated the deadline for filing a responsive pleading.” (Defs.’ Mot. to Enlarge Time at 1 & 2 (Docket # 4).)

The day after Defendants filed their motion seeking an extension, Plaintiff filed his first motion for entry of default. Ultimately, Plaintiffs first Request for Default was denied and Defendants’ Motion for Enlargement of Time was granted. Defendants then responded to Plaintiffs Complaint by filing a motion to dismiss on September 19, 2003. Following the Court’s decision granting in part and denying in part the motion to dismiss, Defendants once again missed the deadline to respond to Plaintiffs complaint prompting Plaintiff to file the second Request for Default currently before the Court.

II. DISCUSSION

The pending motion for entry of default implicates Federal Rule of Civil Procedure 55(a). Pursuant to Rule 55, it is within the discretion of the trial court to enter default against a party who “has failed to plead or otherwise defend as provided by these rules.” Fed.R.Civ.P. 55(a). Faced with a request for entry of default where the opposing party has made an appearance, the Court considers the following factors:

(1) whether the default was willful; (2) whether setting it aside would prejudice the adversary, (3) whether a meritorious defense is presented; (4) the nature of the defendant’s explanation for the default; (5) the good faith of the parties; (6) the amount of money involved; and (7) the timing of the motion.

McKinnon v. Kwong Wah Restaurant, 83 F.3d 498, 503 (1st Cir.1996) (citing Coon v. Grenier, 867 F.2d 73, 76 (1st Cir.1989)).1 In deciding the motion, the Court is also guided by the general philosophy that “if at all possible, actions should be decided on their merits.” Snyder v. Talbot, 836 F.Supp. 26, 29 (D.Me.1993) (citing Coon v. Grenier, 867 F.2d 73, 76 (1st Cir.1989)).

In the Court’s assessment, most, if not all, of the above factors weigh in favor of denying the current request for entry of default. First, on the facts presented, the Court cannot conclude that the default was willful. While Defendants have not offered a precise reason for the current default (an issue discussed further below), the Court believes that the most likely explanation for the default at issue is the negligence of counsel in computing and following court deadlines. Second, given the early stage of the ease and the fact that Defendants have already cured the default by filing an Answer,2 the Court does not believe that denial of Plaintiffs request for default would prejudice Plaintiffs case. For the same reason, the Court does not find that the “timing of the motion” or timing of Defendants’ opposition tilts the scale in favor of entering a default. With regards to the issue of whether Defendants have presented a meritorious defense, the [6]*6Court notes that Defendants have already successfully argued for the dismissal of Count II of Plaintiffs Complaint. Thus, without speculating at an early stage as to the merits of the parties’ respective positions, the Court finds that the Defendants have shown an ability to present a meritorious defense through their past filings. Lastly, the Court accepts Defendants’ representation that this action involves a potential “six-figure judgment.” The fact that the amount in controversy is neither de minimus nor certain further weighs in favor of this case proceeding to a resolution on the merits, rather than being resolved via default judgment.

This leaves only one additional factor for the Court to consider: Defendants’ explanation of the default. In their Opposition to the Entry of Default, Defendants have offered no explanation for their most recent default but simply assert that Defendants have “demonstrated their good faith, [and] zealous efforts to defend against the plaintiffs claims.” (Opp. to Pl.’s Request for Clerk to Enter Default at 4 (Docket # 33).) Assuming Defendants’ assertion is true, Defendants still have failed to demonstrate an ability to comply with court deadlines and thereby present their “zealous” defense in a timely manner.

In order for the Court to ultimately decide this ease on the merits, it is imperative that counsel follow basic filing deadlines. Therefore, the Court cannot simply ignore repeated and unexplained tardiness in filing the papers necessary for it to reach the merits. Indeed, it is hard to imagine how Defendants’ counsel having already briefed and litigated the issue of failing to respond to Plaintiffs complaint in a timely manner could have repeated the error following the Court’s ruling on its motion to dismiss.

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Cite This Page — Counsel Stack

Bluebook (online)
220 F.R.D. 4, 58 Fed. R. Serv. 3d 228, 2004 U.S. Dist. LEXIS 1656, 2004 WL 213654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmir-v-prudential-insurance-co-of-america-med-2004.