Shepard Claims Service, Inc. v. William Darrah & Associates
United States Court of Appeals for the Sixth Circuit
796 F.2d 190 (6th Cir. 1986)
Relevant factsFree
A miscommunication between Darrah's (defendant) attorney and his secretary about an extension's start date caused Darrah to miss its answer deadline by not realizing it had actually expired, resulting in a default entered against it; Darrah then promptly filed an answer with meritorious defenses and counterclaims, but the district court denied its motion to set aside the default.
IssueFree
Whether, when an entry of default is made, but the plaintiff is not prejudiced by the delay and the defendant has a meritorious defense in its eventual answer, the entry will be set aside if the defendant's failure to answer was merely the result of inattention and carelessness.
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