Terry K. Ofori v. Melvin C. Davis, et al.

Summary

The United States District Court for the Western District of Virginia granted defendants’ unopposed motion to set aside an entry of default in Terry K. Ofori’s 42 U.S.C. § 1983 action. The court found no prejudice to the plaintiff and concluded that the defendants had a potentially meritorious defense, vacating the default and deeming their answer timely filed.

Holdings

1. The entry of default should be set aside because the relevant good-cause factors, particularly the absence of prejudice to plaintiff and the defendants' apparent meritorious statute-of-limitations defense, favored relief, notwithstanding the defendants' delay in seeking representation.

Questions Presented

1. Whether the court should set aside the entry of default against Franks, Osborne, and Ravizee under Federal Rule of Civil Procedure 55(c).

Disposition

other