MEMORANDUM AND ORDER
McKENNA, District Judge. By this Order, the Court decides the parties' motions now pending before it. Plaintiff moves for default judgment against defendant Rodney Stark pursuant to Rule 10 of the Civil Rules for the Southern District of New York. Defendants American Psychological Association ("APA"), American Sociological Association ("ASA"), Raymond Fowler, Leonard Goodstein, Bonnie Strickland, Joan Huber, William D'Antonio, Henry Newton Malony, Jr., Donald Bersoff, Bruce J. Ennis, Ennis, Friedman & Bersoff, Donald B. Verilli, Jr., Jenner & Block, Dick Anthony, James Richardson, and the Estate of Perry London jointly move to dismiss the Complaint pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b). Defendants James Richardson, Dick Anthony and Rodney Stark join in the motion to dismiss, adding their own grounds for dismissal relevant to them.
1. The Court declines to enter default judgment against defendant Rodney Stark. The action was commenced on August 11, 1992, and service of process was attempted on August 20, 1992; however, personal service on Stark was not effected until December 5, 1992. (Flomenaft Aff. for Judgment by Default, ¶ 5.) Defendant Stark was aware of the lawsuit prior to being served himself; he was also aware that a joint motion to dismiss had been filed by the other defendants. The tardiness of service upon him and the fact that he had not previously been party to litigation contributed to his mistake that he was "covered" by the joint motion to dismiss and that he need not respond individually. (Lieberman Aff. ¶¶ 5-6.) Upon receiving plaintiff's motion seeking entry of default judgment, he promptly consulted an attorney, realizing that he might need to respond individually. As the standard to relieve a party of a default under Fed.R.Civ.P. 55(c), expressed in Meehan v. Snow, 652 F.2d 274, 277 (2d Cir.1981), evidences, the circumstances of this case clearly do not warrant entry of a default judgment against defendant Stark. The factors bearing on this determination are: whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented. Id. Plaintiff has shown no prejudice. Defendant Stark has at all times intended to join in the other defendants' motion to dismiss, the arguments of which, as discussed herein, clearly constitute meritorious defenses. Moreover, Stark's failure to respond was not willful. As the Court of Appeals in Meehan noted, "[d]efaults are not favored, particularly when the case presents issues of fact, and doubts are to be resolved in favor of a trial on the merits." Id. (citations omitted). Where the claims underlying an action are legally dubious, there is, in this Court's view, all the more reason to avoid the possible injustice of entering a default judgment against one of the several defendants without examining the legal soundness of the claims raised.