Wynder, JR. v. Goltzer, Esq.

Background

On May 20, 2025, Plaintiff Kenneth N. Wynder, Jr. moved for reconsideration of two earlier orders. One order granted Defendant Jeremy Schneider additional time to answer or otherwise respond to the complaint. The other denied Wynder’s request for default judgment because the response deadline had been extended.

Court’s reasoning

The court denied reconsideration. It explained that default judgment was not appropriate because, when Wynder requested it, the court had already extended Schneider’s deadline to respond. Schneider therefore was not in default at that time. The court also stated that, because Wynder’s claims did not seek a specific sum of money, a request for default judgment had to be made to the court; the court was not required to enter default judgment merely because Schneider requested more time to respond.

The court applied three factors used to decide whether default should be entered or relieved: whether the default was willful, whether the defendant had a potentially valid defense, and whether the plaintiff would be prejudiced. The court said the second factor weighed heavily against default judgment because its earlier order had concluded that each claim appeared legally deficient. The prejudice factor also weighed heavily against default judgment because Schneider had appeared and was actively defending the case, and the record showed no claimed loss of evidence, increased difficulty in discovery, or greater opportunity for fraud or collusion. The court assumed, for purposes of its analysis, that the willfulness factor might favor Wynder, but said that factor was not decisive.

Disposition

The court denied Plaintiff’s motion for reconsideration. It directed the Clerk of Court to mail the order to Plaintiff. Judge Gregory H. Woods also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the filing fees.