Old Guard Insurance Company v. Claude Heath and William Griffin

Summary

The United States District Court for the Western District of Tennessee denied William Griffin’s motion to vacate a default judgment under Federal Rule of Civil Procedure 60(b) and to set aside the entry of default under Rule 55(c). The court held that Griffin was properly served, was not deprived of due process, and acted culpably by failing to timely defend the action. The court also found that setting aside the judgment would prejudice Old Guard Insurance Company.

Holdings

1. The default judgment was not void because Griffin was personally served with process; the erroneous insertion in the return of service stating that he was authorized to accept service for the Crockett County Sheriff's Department did not invalidate service.
2. Griffin was not denied due process because he received notice through personal service and was not deprived of an opportunity to be heard; his failure to respond resulted from his own conduct.
3. Griffin did not establish good cause to set aside the entry of default because his culpable conduct led to the default and plaintiff would suffer prejudice from vacatur.
4. Griffin was not entitled to relief under Rule 60(b)(1) or Rule 60(b)(6) because his failure to defend was not excusable neglect and he did not establish extraordinary circumstances warranting relief.

Questions Presented

1. Whether the default judgment was void under Rule 60(b)(4) because service of process was defective.
2. Whether Griffin was deprived of due process because he allegedly lacked notice or an opportunity to be heard before entry of default judgment.
3. Whether Griffin was entitled to relief under Rule 60(b)(1) for excusable neglect or under Rule 60(b)(6) based on extraordinary circumstances.
4. Whether the Clerk's entry of default should be set aside under Rule 55(c) for good cause.

Disposition

other