Tate v. Riverboat Services, Inc.

305 F. Supp.2d 916 (N.D. Ind. 2004)

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Nature of the Case

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Facts

Tate (Ps) filed a claim for seamen's wages pursuant to the general maritime laws of the United States. Ps allege that D as master of the vessel M/V Winstar owes Ps overtime wages for work Ps performed on the Winstar in excess of forty (40) hours per week. D failed to answer the complaint or to respond to it in a timely manner. Ps moved for entry of default on August 7, 2003. On September 2, 2003, Ps made a demand for judgment in the amount of $1,187,215.50 upon the Clerk of the court. Neither counsel for D, nor D were immediately aware of the default judgment. Counsel first learned of the entry of default and default judgment on September 16, 2003, five days after the Clerk had made the entry. On October 29, 2003, D filed a motion to vacate the entry of default and the entry of default judgment against it pursuant to Rule 60(b).