Opinion
Case No. 2:01-CV-220TC
December 8, 2003
ORDER
On August 18, 2003, Plaintiff filed an Amended Complaint, in which he named, among others, Capital Express Lines, Inc. ("Capital Express"). Plaintiff served a summons and the Amended Complaint on Capital Express on September 29, 2003. On October 30, 2003, Plaintiff filed a Certificate of Default Against Defendant Capital Express Lines, Inc. on the basis that Capital Express had not filed an answer or other responsive pleading within the time allowed. One day later, on October 31, 2003, Capital Express filed its Answer to Plaintiffs Amended Complaint.
Courts do not favor disposition of cases through default judgment.Gomes v. Williams, 420 F.2d 1364, 1366 (10th Cir. 1970). This court has discretion regarding whether to grant a party's request for default judgment. Grandbouche v. Clancy, 825 F.2d 1463, 1468 (10th Cir. 1987).
Given the court's discretion, the strong policy favoring disposition of cases on the merits, and the circumstances described above, Plaintiffs request for entry of default judgment against Defendant Capital Express Lines, Inc. is DENTED.
IT IS SO ORDERED.