Ryan September Wednesday Bevins v. Unknown Richardson, et al.

Summary

The United States District Court for the District of Arizona adopted a Report and Recommendation finding good cause to set aside the Clerk’s entry of default against Defendant Richardson. The court granted Richardson’s motion, directed the Clerk to set aside the default, and allowed Richardson three weeks to file an answer or other responsive pleading.

Holdings

1. Good cause existed to set aside the entry of default because Richardson did not engage in culpable conduct leading to the default, presented a meritorious procedural defense and an arguable defense on the merits, and reopening the default would not prejudice Plaintiff.
2. The court adopted the Report and Recommendation in whole, including its reasoning, because Plaintiff filed no objections and the court independently determined that the motion had merit.

Questions Presented

1. Whether Defendant Richardson demonstrated good cause to set aside the Clerk's entry of default.
2. Whether the district court should adopt the magistrate judge's Report and Recommendation when Plaintiff filed no objections.

Disposition

other