Jordan Stamperd v. Wexford Health Sources, Inc.

Summary

The United States District Court for the Southern District of West Virginia grants the West Virginia Division of Corrections and Rehabilitation’s unopposed motion to set aside an entry of default under Federal Rule of Civil Procedure 55(c). The court finds good cause based on the prompt filing, the asserted potentially meritorious defenses, the absence of dilatory conduct, and the lack of demonstrated prejudice. The court also strikes the plaintiff’s premature response and directs the WVDCR to file an answer or other responsive pleading within 14 days.

Holdings

1. The WVDCR demonstrated good cause warranting relief from the entry of default because it acted with reasonable promptness, presented potentially meritorious defenses, had no demonstrated history of dilatory conduct, and the plaintiff showed no undue prejudice.
2. The plaintiff's fugitive response was stricken because the WVDCR had not filed a motion to dismiss or other responsive pleading to which the response could properly reply.

Questions Presented

1. Whether the entry of default against the WVDCR should be set aside for good cause under Federal Rule of Civil Procedure 55(c).
2. Whether the plaintiff's premature response to a motion to dismiss should remain in the record when the WVDCR had not yet filed a motion to dismiss or other responsive pleading.

Disposition

other