WILLIAM H. STEELE, Chief District Judge.
This matter comes before the Court on plaintiff's Application for Default Judgment (doc. 62) and defendant's Motion to File Answer Outside of Time (doc. 66).
Plaintiff, Martha L. Smith, brought this wrongful death action against Thermo King Corporation and various other defendants by filing a Complaint (doc. 1) in November 2014.
On December 23, 2015, Smith filed her second Motion to Amend Complaint (doc. 53) for the stated purpose of, inter alia, amending her claims against Thermo King to assert theories of defective design and manufacture pursuant to the Alabama Extended Manufacturer's Liability Doctrine. Although this Motion to Amend came nearly seven months after the deadline specified in the Scheduling Order, Thermo King did not object; therefore, the undersigned entered an Order (doc. 60) on January 13, 2016, granting the Motion to Amend Complaint as to Smith's proposed new claims against Thermo King. On that basis, Smith filed her Second Amended Complaint (doc. 61) on January 15, 2016, advancing her new defective design / manufacture claims against Thermo King at Paragraphs 14(e) through 14(i). By operation of Rule 15(a)(3), Fed.R.Civ.P., Thermo King's responsive pleading to the Second Amended Complaint was due on or before January 29, 2016; however, Thermo King failed to file an answer to this latest iteration of the Complaint in a timely manner.
On February 4, 2016, some six days after the Rule 15(a)(3) deadline for Thermo King's answer (and apparently with no prior discussion with Thermo King as to the untimeliness and whereabouts of that pleading),
By way of response, Thermo King filed a Motion to File Answer Outside of Time (doc. 66) on February 12, 2016, attaching as Exhibit C its proposed Answer to the Second Amended Complaint. The Federal Rules of Civil Procedure provide that "[w]hen an act may or must be done within a specified time, the court may, for good cause, extend the time . . . on motion made after the time has expired if the party failed to act because of excusable neglect." Rule 6(b)(1)(B), Fed.R.Civ.P. Whether neglect is excusable is an equitable determination, "taking account of all relevant circumstances surrounding the party's omission." Pioneer Inv. Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380, 395, 113 S.Ct. 1489, 123 L.Ed. 74 (1993); see also Sloss Industries Corp. v. Eurisol, 488 F.3d 922, 934 (11
Upon consideration of the totality of the circumstances, the Court readily concludes that Thermo King has satisfied its burden of showing "excusable neglect" under Rule 6(b)(1)(B). Defendant explains that its failure to file a timely answer resulted from an accidental clerical omission in neglecting to calendar the deadline. (Brown Decl. (doc. 66, Exh. B), ¶ 4.) There is no indication and no reason to believe that Thermo King acted in bad faith with respect to the delayed filing of its answer. This sort of inadvertent mistake may qualify as excusable neglect. See, e.g., Yang v. Bullock Financial Group, Inc., 435 Fed.Appx. 842, 843-44 (11
For the foregoing reasons, defendant's Motion to File Answer Outside of Time (doc. 66) is
That leaves only the question of whether Smith's Application for Default Judgment should be granted on the basis of Thermo King's inattentiveness to discovery obligations. In the Application, Smith bemoans the facts that "Thermo King's discovery responses are past due" and that Thermo King has not yet provided a date for a Rule 30(b)(6) deposition. (Doc. 62, ¶¶ 5-6.) In her Reply, Smith elaborates on her list of grievances by indicating that Thermo King still has not tendered its expert witness report, has declined to participate in settlement negotiations, has routinely failed to follow up in scheduling discovery matters, and so on. (Doc. 67, at 2-4.) In sum, Smith's position is that default judgment should be entered because Thermo King's actions "have not indicated that it has any desire to defend this case on the merits" and are part of a calculated plan "to delay the resolution of this case by trial or otherwise." (Id. at 4.)
Based on the facts and information before the Court at this time, defendant's responsiveness and cooperativeness in this litigation do not appear to have been exemplary. Under the circumstances, plaintiff's frustration is understandable. The fundamental problem with Smith's attempt to parlay such frustration into a default judgment, however, is that plaintiff has heretofore taken no steps to utilize available mechanisms to correct the behavior. If defendant is missing discovery deadlines and somehow, as Smith puts it, "depriv[ing] Plaintiff from discovering further proof of her claim" (doc. 67, at 4), then Smith's first recourse (after the good-faith conference required by Civil L.R. 37) is to file a motion to compel and/or a motion for sanctions pursuant to Rule 37. If defendant is equivocating on its willingness to participate in settlement negotiations, then Smith may request a telephone conference with the Magistrate Judge to address the issue. What is not appropriate is for plaintiff to skip over these and other available lesser, incremental remedies and rush straight to the "nuclear option" of moving for default judgment.
For all of the foregoing reasons, plaintiff's Application for Default Judgment (doc. 62) is
DONE and ORDERED.