United States District Court, D. Montana, Butte Division
SAUNDERS OUTDOOR ADVERTISING, INC., Plaintiff/Counter Defendant,
ASPEN MANAGEMENT, LLC, and BUTANA SAND AND GRAVEL, LLC, Defendants/Aspen Management, LLC Counter Plaintiff. ASPEN MANAGEMENT, LLC, Third-Party Plaintiff,
SUMMIT VALLEY TITLE COMPANY, a Montana Domestic Profit Corporation, Third-Party Defendant.
HADDON UNITED STATES DISTRICT COURT.
before the Court is Defendant Aspen Management, LLC's
("Aspen Management") Motion to Set Aside
Clerk's Entry of Default.
October 1, 2019, Defendant Butana Sand and Gravel, LLC
("Butana") filed Defendant Butana's Answer to
Second Amended Complaint and Crossclaims Against Aspen
Management, LLC. Aspen Management's answer to
Butana's cross-claims was due on October 24,
2019. No answer to Butana's cross-claims was
November 18, 2019, Butana filed Butana's Request for
Entry of Default Against Aspen Management, LLC. Aspen
Management's default on Butana's cross-claims was
entered on November 20, 2019.
November 21, 2019, Aspen Management moved to set aside the
entry of default and filed an accompanying
brief on November 25, 2019.
Management alleges its failure to answer Butana's
cross-claims was "an inadvertent omission, not a
conscious disregarding of a pleading
Rule of Civil Procedure 55(c) permits the court to set aside
an entry of default for good cause. The determination of good
cause is within the court's discretion. Relief from
default is favored. Doubt as to whether good cause exists
should be resolved in favor of the defaulting
party. Factors the Court may consider when
determining if good cause exists in this case, include:
"(1) whether [Aspen Management] engaged in culpable
conduct that led to default; (2) whether [Aspen Management]
had a meritorious defense; or (3) whether reopening the
default [ ] would prejudice [Butana]."
a defendant 'has received actual or constructive notice
of the filing of the action and failed to answer,' its
conduct is culpable." However, Aspen Management may
have meritorious defenses to Butana's
cross-claims and reopening the default will not
prejudice Butana. The entry of default against Aspen
Management is VACATED and SET ASIDE.
Defendant Aspen Management, LLC's Motion to Set Aside
Clerk's Entry of Default is GRANTED.
Aspen Management shall file an amended answer to the Second
Amended Complaint to address Butana's ...