Cynthia G. Pennington, Plaintiffv.City of Rochester, Lieutenant Eric Paul, In His Official and Individual Capacity, County of Monroe, and Deputy G. Wilczak, In His Official and Individual Capacity, Defendants
DECISION AND ORDERINTRODUCTION On June 13, 2013, Plaintiff Cynthia G. Pennington filed a Complaint alleging various claims against Defendants City of Rochester and Lieutenant Eric Paul. ECF No. 1. Specifically, Pennington alleged six causes of action: (1) intentional infliction of emotional harm against Paul; (2) negligent infliction of emotional harm against Paul; (3) a cause of action under 42 U.S.C. §1983 (“Section 1983″) against Paul alleging that he violated Pennington’s Fourth and Fourteenth Amendment rights; (4) the City failed to train Paul in violation of Section 1983; (5) the City ratified Paul’s misconduct in violation of Section 1983; and (6) the City had a policy, practice, or custom of encouraging Paul’s misconduct in violation of Section 1983. See ECF No. 1.On September 6, 2013, Pennington filed another Complaint against Defendants County of Monroe and Deputy G. Wilczak under case number 13-CV-6480 containing facts and six causes of action identical to those alleged in her first Complaint. See 13-CV-6480, ECF No. 1. The causes of action follow the same pattern as those in the Complaint against the City and Paul: the same three causes of action in the same order against Wilczak, and the same three causes of action in the same order against the County. Id.The City answered Pennington’s first Complaint on November 26, 2013, over four months after it was due. See ECF Nos. 3, 5. On December 3, 2013, the case was referred to United States Magistrate Judge Jonathan W. Feldman for pretrial proceedings. See ECF No. 6. Three days later, on December 6, 2013, Plaintiff moved to consolidate both of her cases — 13-CV-6304 and 13-CV-6480 — into one case. See ECF No. 7. The Court granted the Motion on January 13, 2014, and both actions were thereafter maintained under the current case number: 13-CV-6304. See ECF No. 11.On February 26, 2014, Pennington requested the Clerk of Court to enter default against the City for failing to timely answer the Complaint. See ECF No. 20. The Clerk obliged the next day. See ECF No. 22.On August 5, 2014, the County and Wilczak moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). See ECF No. 42. Nearly a year later, on May 11, 2015, Pennington moved to stay discovery proceedings pending a decision on the Motion for Judgment on the Pleadings. See ECF No. 51. Judge Feldman subsequently granted the motion. See ECF No. 55.On July 23, 2015, Pennington moved for default judgment against the City for failing to timely answer her Complaint. See ECF No. 57. In response, the City moved to vacate the Clerk’s entry of default the next day. See ECF No. 58.Currently before the Court is the Motion for Judgment on the Pleadings filed by the County and Wilczak, Pennington’s Motion for Default Judgment, and the City’s Motion to Vacate the Clerk’s Entry of Default. For the reasons stated, the Motion for Judgment on the Pleadings is GRANTED IN PART, the Motion for Default Judgment is DENIED, and the Motion to Vacate the Clerk’s Entry of Default is GRANTED.BACKGROUND1On September 13, 2012, at approximately 11:18 p.m., Paul and Wilczak entered Pennington’s house without a warrant while Pennington was asleep in her bedroom. 13-CV-6480, ECF No. 1
