Ricky R. Franklin v. MENS USA LLC doing business as MENSUSA.COM

Summary

The United States District Court for the Northern District of Georgia denied Ricky R. Franklin’s motion for default judgment against Mens USA LLC. The court granted Mens USA’s motions for an extension of time and to set aside the Clerk’s entry of default because a factual dispute existed regarding whether the company was properly served.

Holdings

1. Mens USA's delay resulted from excusable neglect, so the Court extended its response deadline nunc pro tunc through March 13, 2026 and treated its response as timely.
2. Default judgment may not be entered against a defendant unless the defendant was properly served or waived service; because effective service on Mens USA was factually disputed, Franklin was not entitled to default judgment.
3. The Clerk's entry of default against Mens USA was vacated.

Questions Presented

1. Whether Mens USA demonstrated excusable neglect warranting a nunc pro tunc extension of its deadline to respond.
2. Whether the Court could enter default judgment while a factual dispute existed concerning whether Mens USA was properly served with process.
3. Whether the Clerk's entry of default should be set aside.

Disposition

other