CoA affirms default judgment

CoA upheld a trial court’s default judgment where the defaulted party committed a series of errors over a period of months. The relevant timeline is as follows:

  • Oct. 23, 2012, Plaintiff files complaint
  • Oct. 27, 2012, Plaintiff personally serves Defendant, who lives across the hall from Plaintiff
  • Dec. 4, 2012, Plaintiff files motion for entry of default
  • Dec. 6, 2012 Defendant admits receiving this motion on this date
  • Dec. 10, 2012 Defendant writes letter to Trial Court requesting additional time to obtain counsel. Letter not received until one week later
  • Dec. 11, 2012 Plaintiff obtains default and matter is set for hearing on Feb. 19, 2013 to assess damages
  • Feb. 19, 2013, at hearing on damages,Defendant does not appear but Trial Court receives letter from him requesting continuance, which Trial Court grants with no further extensions of time
  • March 19, 2013, Defendant again does not appear and Court states it will grant default judgment of ~$40,000
  • After hearing, Trial Court receives letter from Defendant citing jury obligation and requesting another continuance
  • April 1, 2013, Trial Court confirms Defendant did not in fact have to report for jury duty and enters default judgment
  • April 3, 2013, Defendant appears by counsel and files vague motion to set aside one month later, which was denied

While the CoA acknowledged the policy of favoring trying cases on the merits, it could not ignore that Defendant failed to show excusable neglect. CoA further stated that a “lack of personal jurisdiction” argument, if made, would have fallen under Rule 60(B)(6) which was not cited by Defendant.

Ultimately, CoA affirmed default but the case is a rather extreme example of Defendant error in responding to a lawsuit and then asserting vague arguments in attempting to lift the default.

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About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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