Free Objections - District Court of Delaware - Delaware

Case 1:05-cv-00877-JJF Document 42 Filed 06/27/2007 Paget of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROLAND C. ANDERSON, )
Plaintiff i
v. g Civil Action No. 05-877 JJF
GENERAL MOTORS CORPORATION, i
Defendant. g
RESPONSE TO PLAINTIFF’S MOTION TO STAY AND FOR
RECONSIDERATION OF THE ORDER DENYING ENTRY OF DEFAULT
j JUDGMENT
Before this Court is plaintiffs Motion to Stay the proceeding while his appeal is
pending before the Third Circuit Court of Appeals. Specifically, plaintiff is appealing]
the Court's Order Denying the Motion for Default Judgment. Plaintiff is apparently also
seeking the Court reconsider its Order Denying the Motion for Default Judgment. While
GM does not object to the requested stay, GM strongly objects to any vague request that
the Court reconsider it prior Order regarding the Motion for Default Judgment.
As this Court is aware, the Third Circuit does not favor the entry of defaults or
default judgments, preferring instead that cases be decided on their merits. Therefore,
"doubtful cases [are] to be resolved in favor of the party moving to set aside the default
judgment? United States v. $55,518. 05, 728 F.2d at 195. See cz/so Gross v. Stereo
Component Systems, Inc., 700 F.2d 120, l22 (3rd Cir.l983). As such, this Court ruled
that default was not warranted because plaintiff was not prejudiced by defendant GM’s
actions, GM had meritorious defenses to plaintiffs claims and there was insufficient
evidence of culpability on the part of GM. Nothing in plaintiffs Motion contradicts any
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Case 1:05-cv-00877-JJF Document 42 Filed 06/27/2007 Page 2 of 4
ofthe facts or information detailed in the Court's Order. As such, plaintiffs request that
the Court reconsider its prior Order should be denied. s
Finally, to the extent the Court denies the Motion to Stay, GM respectfully
requests that the Court modify the Scheduling Order governing this matter and extend by
forty·five (45) days from the entry of such Order regarding the Motion to Stay the
deadline for the parties to complete discovery. GM also requests a corresponding 45-day
extension of the dispositive motion deadline. This request is necessitated by plaintiffs
failure to cooperate with scheduling his deposition and his insistence that discovery
cannot proceed in this matter until his appeals are resolved.
WHEREFORE, Defendant General Motors Corporation respectfully requests that
the Court deny plaintiffs Motion for Reconsideration. GM further requests the Court
enter an Order modifying the Scheduling Order to allow the parties an additional forty-
tive days to complete discovery, and an additional forty-live days to file dispositive
motions and for any further relief the Court deems necessary and proper.
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Case 1:05-cv-00877-JJF Document 42 Filed 06/27/2007 Page 3 of 4
Respectfully submitted,
/s/Michael G. Bzrsenkell
Michael G. Busenkell (Dei. Bar #3933)
Margaret F. England (Del. Bar #4248)
Eckert Seamans Cherin & Mellott, LLC
300 Delaware Avenue, Suite 1360
Wilmington, DE l980l
(392) 425-09439
David C. Vogel MO BAR #45937
Michael A. Williams MO BAR #47538
Lathrop & Gage L.C.
2345 Grand Boulevard
Suite 2800
Kansas City, Missouri 64108-2684
Telephone: (816) 292-2000
Telecopier: (816) 292-200l
Attorneys for Defendant
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Case 1:05-cv-00877-JJF Document 42 Filed 06/27/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that a copy ofthe Response To Plaintiffs Motion To Stay And
i For Reeonsideration Of The Order Denying Entry Of Default Judgment was served, by
First Class United States Mail, Postage Prepaid, on the following counsel of record this
25th day of June, 2007
0 Roland C . Anderson
113 Lloyd St.
W'} ' t , DE 19804
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Qrchael G. Busenkell (No. 3933)
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