Summary
The magistrate judge recommends vacating the clerk's entry of default against All Seasons Restoration, LLC, under Federal Rule of Civil Procedure 55(c). The recommendation relies on good cause, the parties' participation in litigation and settlement proceedings, and the absence of prejudice, while advising the parties of their 14-day objection period.
Holdings
- The circumstances provided good cause to vacate the clerk's entry of default, including the parties' active participation in the litigation and their commitment to resolving the case through settlement, with no prejudice to either party.
- The magistrate judge recommended that the district court vacate the entry of default.
Questions Presented
- Whether the clerk's entry of default should be vacated under Federal Rule of Civil Procedure 55(c) when the defendant answered before default judgment, the parties proceeded with the litigation on the merits, and the parties were pursuing settlement.
- Whether the circumstances established good cause and an absence of prejudice sufficient to set aside the entry of default.
Disposition
other
Cases Cited (8)
- Cracco v. Vitran Express, Inc., 559 F.3d 625, 630-31 (7th Cir. 2009)(followed)
- Arwa Chiropractic, P.C. v. Med-Care Diabetic & Med. Supplies, Inc., 961 F.3d 942, 948-49 (7th Cir. 2020)(followed)
- Swaim v. Moltan Co., 73 F.3d 711, 722 (7th Cir. 1996)(followed)
- Sun v. Bd. of Trs. of the Univ. of Ill., 473 F.3d 799, 810 (7th Cir. 2007)(followed)
- Willis v. Caterpillar, Inc., 199 F.3d 902, 904 (7th Cir. 1999)(followed)
- Hunger v. Leininger, 15 F.3d 664, 668 (7th Cir. 1994)(followed)
- The Provident Bank v. Manor Steel Corp., 882 F.2d 258, 260-61 (7th Cir. 1989)(followed)
- Lebovitz v. Miller, 856 F.2d 902, 905 n.2 (7th Cir. 1988)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…