UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

Nicole Corin Christian

v. Civil No. 05-cv-356-JD

Travis W. Anderson, et al.

O R D E R

Nicole Corin Christian, who is proceeding pro se, brought a

civil rights action against Grafton County, its commissioners,

the superintendent of the Grafton County House of Corrections,

Grafton County employees, and Paul Boucher, who was a bail

commissioner at the time of the events that led to Christian’s

claims. The complaint was served on Boucher on February 10,

2006. When Boucher failed to respond within the time allowed,

default was entered as to him on March 8, 2006. Boucher, through

counsel, moved to set aside the default on March 22, 2006. 

Christian objects to the motion to set aside the default.

An entry of default may be set aside upon a showing of good

cause. Fed. R. Civ. P. 55(c). Good cause in this context is

construed liberally to include considerations as to whether the

default was willful and whether the delay prejudiced the

plaintiff. Venegas-Hermandez v. Sonolux Records, 370 F.3d 183,

187 (1st Cir. 2004). The court may also consider whether the

alleged defense has merit. United States v. $23,000 in U.S.

Currency, 356 F.3d 157, 164 (1st Cir. 2004).

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In his motion to strike the default, which is supported by

his affidavit, Boucher explains that when the complaint was

served, he was confused about what he was supposed to do in

response. He first thought that the county would represent him

but the attorney representing the county and the county

defendants in the case told him on February 20, 2006, that the

county was not required to provide a defense for him. That

attorney suggested that he contact his insurance provider. 

Boucher then contacted his insurance agent and his personal

attorney. Through them a request was made to the Office of the

Attorney General for representation. Although that office had

received a copy of the complaint with respect to another

defendant in the same action, the complaint did not suggest that

Boucher was also a state officer. The Office of the Attorney

General accepted the defense of Boucher on March 17 and filed the

present motion to set aside the default.

Christian objects to the motion to set aside the default,

asserting that the month delay between the date of service and

the time Boucher contacted the Office of the Attorney General was

unreasonable and that the Attorney General’s office was

investigating misconduct by Boucher at a time pertinent to her

claims in this case. Christian does not contend that she has

been prejudiced by the delay nor does she suggest that Boucher’s

default was willful. Instead, she hints that alleged misconduct

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by Boucher undermines his defense and that the Attorney General’s

office has a conflict in representing Boucher in this case due to

its previous investigation of him.

In the absence of willful or prejudicial delay, it is

appropriate in this case to set aside the default. The court

does not address the allegations of misconduct and Christian’s

assumptions based on those allegations, because those speculative

assertions are insufficient to undermine Boucher’s defense of

immunity.

Conclusion

For the foregoing reasons, the defendant’s motion to set

aside default (document no. 21) is granted. 

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

April 17, 2006

cc: Charles P. Bauer, Esquire

Nancy J. Smith, Esquire

Nicole Corin Christian, pro se

Bill Grizzaffi, pro se

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