Robin Marie Smith v. Freedom Mortgage Corporation

Summary

This Memorandum and Recommendation addresses a pro se plaintiff’s motions to reinstate a case dismissed for failure to timely effect service and for default judgment against Freedom Mortgage Corporation. The court recommends reinstating the case under Federal Rule of Civil Procedure 60(b)(1) based on excusable neglect, but recommends denying the default-judgment motion without prejudice because default had not been entered and additional pleading, damages, service, and procedural requirements had not been satisfied. The parties were given fourteen days to file objections.

Holdings

1. The magistrate judge recommended granting Plaintiff relief from the dismissal because her prompt motion, lack of demonstrated bad faith or prior dilatory conduct, postpartum health complications, and lack of prejudice to the nonappearing Defendant established excusable neglect.
2. The magistrate judge recommended denying the motion for default judgment without prejudice because the clerk had not entered default, making the motion premature, and because default alone would not establish entitlement to judgment.

Questions Presented

1. Whether Plaintiff was entitled to relief from the dismissal under Federal Rule of Civil Procedure 60(b)(1) based on excusable neglect.
2. Whether Plaintiff's motion for default judgment was procedurally proper when the clerk had not entered default against Defendant.
3. What additional requirements Plaintiff must satisfy in any renewed motion for default judgment.

Disposition

other