Melody Lyngvar v. Christal G. Perry, Senior Deputy State Auditor as Appointee of Mark Hunt, West Virginia State Auditor, in her personal and official capacities, and Angela Lusher

Summary

The United States District Court for the Southern District of West Virginia grants Defendant Angela Lusher’s motion to set aside an entry of default under Federal Rule of Civil Procedure 55(c). The court finds that Lusher asserted a potentially meritorious defense, acted promptly, and that lifting the default would not prejudice Plaintiff; Plaintiff’s motions for default judgment and to strike Lusher’s answer and counterclaim are denied as moot.

Holdings

1. The entry of default should be set aside because Lusher demonstrated good cause under Rule 55(c), including a potentially meritorious defense, reasonable promptness, lack of personal fault, lack of prejudice, no history of dilatory conduct, and the availability of less drastic sanctions.
2. Lyngvar was not entitled to default judgment because the entry of default was set aside and the case should proceed on the merits.
3. Lyngvar's Rule 12(f) motion to strike Lusher's answer and counterclaim was denied as moot after the court set aside the default.

Questions Presented

1. Whether the court should set aside the entry of default against Lusher under Federal Rule of Civil Procedure 55(c).
2. Whether Lyngvar was entitled to default judgment and to have the September 8, 2025 tax deed set aside.
3. Whether Lusher's answer and counterclaim should be stricken under Federal Rule of Civil Procedure 12(f).

Disposition

other