Free Order on Motion for Default Judgment - District Court of Delaware - Delaware

Case 1:07-cv-00015-JJF Document 36 Filed 11/20/2007 Page1 0f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM FRANCIS, JR., :
Plaintiff, ;
v. ; Civil Action No. 07-015 JJF
WARDEN THOMAS CARROLL, et al., ;
Defendants. ;
O R D E R
WHEREAS, pending before the Court is a Motion For
Default Judgment filed by Plaintiff, William Francis, Jr. on
August 27, 2007 (D.I. 29);
WHEREAS, Plaintiff contends Defendants, Carroll, Taylor
and Talley failed to answer or otherwise defend the above-
captioned matter;
WHEREAS, Defendants respond that they have pled and
asserted defenses to Plaintiff’s claims as required thereby
making Plaintiff’s motion moot (D.I. 32);
WHEREAS, to the extent Plaintiff asserts defendants’
Answer was untimely, the Court as a general rule, favors
diposition of issues on the merits rather than procedural
defaults;
WHEREAS, the docket reflects that an Answer to Amended
Complaint was filed by Thomas Carroll, Stan Taylor, and Joyce
Talley on August 20, 2007 (D.I. 28);
NOW THEREFORE, IT IS HEREBY ORDERED that Plaintiff’s

Case 1:07-cv-00015-JJF Document 36 Filed 11/20/2007 Page 2 012
Motion For Default Judgment (D.I. 29) ie DENIED as moot.
November 90 , 2 007 ’
DATE ED ` TA 1 S DISTRIC DGE