What happens after 60 days if they fail to respond?
FRCP Rule 55 governs judgments with subsection © governing when the court may set aside a default judgment. "For good cause" is not "we ignored this." FRCP Rule 55©:
"© Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(b)"
Sigale will (hypothetically) file a Rule 55(b) motion for default judgment, the State would have to file a motion to set aside default judgment, and give the judge a damn good reason why it's unreasonable to expect a response in twice the amount of time provided to...everyone else. Rule 60© can get them out of default but...erm...none of these would apply. Not (b)(1), (b)(2), (b)(3)....and so on.
(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(6) any other reason that justifies relief.
And, for the record, no answer has been filed. What a shocker. They're gonna take this all of the way until the last day, 11:59 pm. They have...well, crap, there's a ton of weekends and holidays that stop the 60 day clock, but I'm ballparking the due date for an answer is early next week at the latest. Nothing filed since 11/22.
3:14-cv-03320-SEM-TSH Culp et al v. Madigan et al
Sue E. Myerscough, presiding
Tom Schanzle-Haskins, referral
Date filed: 10/22/2014
Date of last filing: 11/22/2014
Edited by skinnyb82, 23 December 2014 - 04:22 PM.