Robert Lee Hayes v. Commissioner of Social Security et al.

Summary

The United States District Court for the Western District of Washington grants Defendants’ motion to set aside the entry of default under Federal Rule of Civil Procedure 55(c). The Court finds that Defendants were not properly served, raised a meritorious defense because the United States is the proper defendant in an FTCA action, and would not prejudice Plaintiff by obtaining relief. The Court dismisses the Commissioner of Social Security, Susan Reynolds, and John Doe Reynolds with prejudice, leaves the United States as the sole defendant, and extends the deadline for service on the United States.

Holdings

1. The entry of default must be set aside because Defendants established good cause under Rule 55(c).
2. Defendants did not engage in culpable conduct because they were not properly served and therefore lacked notice of the lawsuit.
3. Defendants presented a meritorious defense because the FTCA permits suit only against the United States, not against a federal agency or individual federal employees in their individual capacities.
4. Setting aside the entry of default would not prejudice Plaintiff within the meaning of Rule 55(c).
5. The Commissioner of Social Security, Susan Reynolds, and John Doe Reynolds were not proper defendants and were dismissed with prejudice, leaving the United States as the sole defendant.

Questions Presented

1. Whether the entry of default should be set aside under Federal Rule of Civil Procedure 55(c).
2. Whether Defendants engaged in culpable conduct that caused the default.
3. Whether Defendants presented a meritorious defense.
4. Whether setting aside the entry of default would prejudice Plaintiff.
5. Whether the Commissioner of Social Security and the individual defendants were proper parties to an FTCA action.

Disposition

other