JEAN C. HAMILTON, District Judge.
This matter is before the Court on Plaintiff Carlden Trotter's Motion for Entry of Default Judgment, filed January 23, 2019. (ECF No. 248). By way of background, Plaintiff filed his Third Amended Complaint in this matter against several Defendants on October 27, 2016. With respect to Defendant McFarland, Plaintiff alleged that on February 7, 2010, Defendant McFarland utilized excessive force against Plaintiff, and demonstrated deliberate indifference to Plaintiff's need for medical treatment.
On November 6, 2018, defense counsel Robert J. Isaacson filed a Motion to Withdraw as Counsel for Defendant Scott McFarland. In his motion, Mr. Isaacson informed the Court that Mr. McFarland no longer worked for the Missouri Department of Corrections at the time the instant suit was filed. Counsel further informed the Court that although Mr. McFarland initially agreed to representation from the Missouri Attorney General's Office, he had been uncooperative since the Eighth Circuit Court of Appeals remanded the case. In response to defense counsel's motion, Plaintiff stated that Mr. McFarland failed to attend his properly noticed deposition on October 25, 2018.
Pursuant to a telephone conference held on November 26, 2018, the Court ordered Mr. McFarland to attend a deposition on Monday, December 3, 2018. The Court noted that Mr. McFarland's failure to attend might result in the imposition of sanctions, up to and including the striking of his pleadings.
Defendant McFarland did not attend the December 3, 2018, deposition. Therefore, in an Order entered January 9, 2019, the Court ordered Defendant Scott McFarland's Answer to Plaintiff's Third Amended Complaint stricken from the record. The Court further ordered Plaintiff to file appropriate motions for entry of default and for default judgment, as well as proposed orders, for the Court's consideration. Plaintiff filed the requested motions on January 23, 2019, and the Clerk of Court entered default against Defendant McFarland on January 24, 2019.
As stated above, Plaintiff filed the instant Motion for Entry of Default Judgment on January 23, 2019. (ECF No. 248). The Court held a hearing on Plaintiff's motion on March 13, 2019.
Accordingly,