QuestionQuestion

PRACTICE ESSAY QUESTION:   Recommended Time–60 Minutes.

Octavia Dizzley (“Dizzley”) filed suit against her former employer, Friends Rehabilitation Program (“FRP”), alleging sex discrimination. Plaintiff’s Complaint was properly served on FRP on September 13, 2011. By October 3, 2011 FRP had not yet answered the Complaint.   At Dizzley’s request, default was entered against Defendant FRP on October 27, 2011. On February 4, 2012, Defendant FRP filed and served a Motion to Set Aside Entry of Default.

In its motion, FRP explained that when it was served with the Complaint, FRP’s Deputy Director Chris Betts forwarded it to FRP’s insurance broker (who was responsible for arranging to pay for FRP’s legal defense), but never told anyone at FRP about it. Betts subsequently left FRP’s employ. On October 16, 2011, FRP’s insurance broker notified FRP’s Executive Director, James Wilcox about Dizzley’s Complaint. Wilcox began the process of obtaining legal counsel, but because of his inexperience with legal matters—and his assumption of Betts’s workload—Wilcox neglected to obtain legal counsel FRP for over two months. Finally, in the last week of December, 2011, after the Court notified Wilcox that Dizzley was seeking entry of default judgment against FRP, Wilcox retained legal counsel to handle the case. In its moving papers, FRP denied discriminating against Dizzley and argued that Dizzley was fired for insubordination–talking inappropriately with clients about FRP’s business affairs after Betts orally warned her not to engage in conversations with clients.

In opposition to the motion to set aside entry of default, Dizzley argued that during the time that elapsed between the entry of default and the Defense Motion to Set Aside Entry of Default, Chris Betts, Dizzley’s former supervisor—the individual she alleged was responsible for the acts of discrimination—had disappeared. An investigator hired by Dizzley filed an affidavit in support of her opposition to the motion, stating that he had tried to locate Betts, using various standard investigative techniques, but to no avail.

You are the United States District Court judge (congratulations). Explain how you would decide the motion. You are a fair judge, so consider all sides of the issues.

Solution PreviewSolution Preview

This material may consist of step-by-step explanations on how to solve a problem or examples of proper writing, including the use of citations, references, bibliographies, and formatting. This material is made available for the sole purpose of studying and learning - misuse is strictly forbidden.

Question:
Octavia Dizzley (“Dizzley”) filed suit against her former employer, Friends Rehabilitation Program (“FRP”), alleging sex discrimination. Plaintiff’s Complaint was properly served on FRP on September 13, 2011. By October 3, 2011 FRP had not yet answered the Complaint. At Dizzley’s request, default was entered against Defendant FRP on October 27, 2011. On February 4, 2012, Defendant FRP filed and served a Motion to Set Aside Entry of Default.

In its motion, FRP explained that when it was served with the Complaint, FRP’s Deputy Director Chris Betts forwarded it to FRP’s insurance broker (who was responsible for arranging to pay for FRP’s legal defense), but never told anyone at FRP about it. Betts subsequently left FRP’s employ. On October 16, 2011, FRP’s insurance broker notified FRP’s Executive Director, James Wilcox about Dizzley’s Complaint. Wilcox began the process of obtaining legal counsel, but because of his inexperience with legal matters—and his assumption of Betts’s workload—Wilcox neglected to obtain legal counsel FRP for over two months. Finally, in the last week of December, 2011, after the Court notified Wilcox that Dizzley was seeking entry of default judgment against FRP, Wilcox retained legal counsel to handle the case. In its moving papers, FRP denied discriminating against Dizzley and argued that Dizzley was fired for insubordination–talking inappropriately with clients about FRP’s business affairs after Betts orally warned her not to engage in conversations with clients.

In opposition to the motion to set aside entry of default, Dizzley argued that during the time that elapsed between the entry of default and the Defense Motion to Set Aside Entry of Default, Chris Betts, Dizzley’s former supervisor—the individual she alleged was responsible for the acts of discrimination—had disappeared. An investigator hired by Dizzley filed an affidavit in support of her opposition to the motion, stating that he had tried to locate Betts, using various standard investigative techniques, but to no avail....
$40.00 for this solution

PayPal, G Pay, ApplePay, Amazon Pay, and all major credit cards accepted.

Get College Homework Help.

Are you sure you don't want to upload any files?

Fast tutor response requires as much info as possible.

Decision:
Upload a file
Continue without uploading

SUBMIT YOUR HOMEWORK
We couldn't find that subject.
Please select the best match from the list below.

We'll send you an email right away. If it's not in your inbox, check your spam folder.

  • 1
  • 2
  • 3
Live Chats