Vozzo v. The Way International

Background

Yvette Vozzo brought this action against The Way International and Michael Anthony Farris-Manetta. She alleged that Farris-Manetta sexually abused her in the early 1980s while she and her mother were enrolled in a Christian fellowship program operated by The Way International and while Farris-Manetta was associated with that organization as a volunteer.

Vozzo served Farris-Manetta with process on September 4, 2020. He did not appear or answer, and, at Vozzo’s request, the clerk issued a certificate of default on September 21, 2021. A certificate of default is a formal entry showing that a party failed to respond to the lawsuit; it is not itself a final judgment.

The Way International later informed the court that it had located Farris-Manetta. During a January 2023 conference, the parties reported that discovery was continuing, that Farris-Manetta was willing to participate and be deposed, and that settlement negotiations had not succeeded. The court set a deadline for Farris-Manetta to seek relief from the default. He timely filed the motion on February 27, 2023, representing himself. Vozzo and The Way International did not oppose it.

Analysis

Because no final default judgment had been entered, the court could set aside the certificate of default for good cause. The court applied three factors: whether the default was intentional, whether setting it aside would harm the opposing party, and whether the defendant presented a potentially valid defense.

The court found that all three factors favored Farris-Manetta. It did not find that his failure to respond was intentional. According to his affidavit, he was severely dyslexic, had post-traumatic stress disorder, had difficulty understanding documents, was recovering from a serious illness, and mistakenly believed that the lawsuit named only The Way International. The court also found no unfair harm to Vozzo or The Way International because discovery had not ended and neither party opposed the motion. Finally, Farris-Manetta stated that his relationship with Vozzo was consensual and began only after she turned 18. The court concluded that, if proven at trial, those facts could constitute a valid defense.

Ruling

Judge Barbara Moses granted Farris-Manetta’s unopposed motion. The court vacated the certificate of default at Docket 48 and ordered him to file an answer or otherwise respond to the complaint by March 24, 2023. The clerk was directed to amend the caption to use the name Michael Anthony Farris-Manetta, update his address of record, and mail him a copy of the order.