Palmer v. Wild Child Motors LLC

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
DEREK PALMER, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-25-1562-R
)
WILD CHILD MOTORS, LLC, 	)
)
Defendant. 	)
ORDER
Before the Court is Defendant’s Unopposed Motion to Vacate Entry of Default
[Doc. No. 10].
Rule 55(c) permits the Court to set aside an entry of default “for good cause.” The
good cause requirement is a “lesser standard for the defaulting party than the excusable
negligence which must be shown for relief from judgment under Fed. R. Civ. P. 60(b).”
Pinson v. Equifax Credit Info. Servs., Inc., 316 Fed. Appx. 744, 750 (10th Cir. 2009)
(quoting Dennis Garberg & Assocs., Inc. v. Pack-Tech Int'l Corp., 115 F.3d 767, 775 n.6
(10th Cir. 1997)). The Tenth Circuit has summarized the good cause inquiry under Rule
55(c) as follows:
The principal factors in determining whether a defendant has met the good
cause standard are (1) whether the default was the result of culpable conduct
of the defendant, (2) whether the plaintiff would be prejudiced if the default
should be set aside, and (3) whether the defendant presented a meritorious
defense. These factors are not “talismanic” and the court may consider other
factors. However, the court need not consider all the factors.
Hunt v. Ford Motor Co., 65 F.3d 178 (10th Cir. 1995) (unpublished) (internal citations
omitted).
Case 5:25-cv-01562-R Document 13 Filed 04/28/26 Page 1 of 2

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Upon consideration, the Court finds that the good cause standard is met. The Motion
is therefore granted and the Entry of Default dated April 6, 2026 is vacated. Defendant
shall file an answer or other responsive pleading within twenty days of the date of this
order.
IT IS SO ORDERED this 28 th day of April, 2026.
Case 5:25-cv-01562-R Document 13 Filed 04/28/26 Page 2 of 2