ESCO Employee Savings Investment Plan, The v. Walsh et al, No. 4:2019cv00077 - Document 26 (E.D. Mo. 2019)

Court Description: OPINION, MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Motion to Set Aside Clerks Entry of Default (Doc. # 22 ) is GRANTED. IT IS FURTHER ORDERED that the Clerks Entry of Default (Doc. # 18 ) be Set Aside.. Signed by District Judge Henry Edward Autrey on 06/24/2019. (AAS)
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ESCO Employee Savings Investment Plan, The v. Walsh et al Doc. 26 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION THE ESCO EMPLOYEE SAVINGS INVESTMENT PLAN, Plaintiff, v. AIMEE WALSH, et al., Defendant. ) ) ) ) ) ) ) ) ) No. 4:19CV077 HEA OPINION, MEMORANDUM AND ORDER This matter is before the court relating to defendant Kerry Johnson Walsh’s Motion to Set Aside the Clerk’s Entry of Default (Doc. #22). Defendants Rachel Verdugo, Aimee Walsh, and Erin Walsh have file a Memorandum in Opposition (Doc. #23). Movant has filed a Reply (Doc. #24). The court having considered the papers filed on behalf of the interested parties finds that Movant’s delay in appearing and defending is a result of confusion and inexperience likely heightened by the recent passing of her spouse. Second, Movant argues meritorious defenses. Lastly, Co-Defendants will not be prejudiced. Good cause therefore exists and the Motion to Set Aside Clerk’s Entry of Default will be granted. Accordingly, IT IS HEREBY ORDERED that Motion to Set Aside Clerk’s Entry of Default (Doc. # 22) is GRANTED. 1 Dockets.Justia.com IT IS FURTHER ORDERED that the Clerk’s Entry of Default (Doc. #18) be Set Aside. Dated this 24th day of June, 2019. ___________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2