The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
EDWARD JOHNSON (#73237) CIVIL ACTION
VERSUS
18-922-SDD-RLB
LOUISIANA DEPARTMENT OF CORRECTION
AND PUBLIC SAFETY
ORDER
A review of the record in this matter reveals that the defendant was served on December
5, 2019 but has not filed any responsive pleadings. See R. Doc. 9. Rule 55 of the Federal Rules
of Civil Procedure sets forth certain conditions under which default may be entered against a
party, as well as the procedure by which a party may seek the entry of default judgment. The
United States Court of Appeals for the Fifth Circuit has adopted a three-step process for the entry
of default judgment. See New York Life Ins. Co. v. Brown, 84 F.3d 137, 141 (5th Cir. 1996).
First, a default occurs when a party “has failed to plead or otherwise defend” against an
action. Fed. R. Civ. P. 55(a). A default has occurred in this matter due to the defendant’s failure
to file responsive pleadings.
Second, an entry of default must be entered by the clerk when the default is shown “by
affidavit or otherwise.” See id.; New York Life, 84 F.3d at 141. The plaintiff has not yet filed a
request for the Clerk of Court to enter the default due to the defendant’s failure to file responsive
pleadings.
Third, a party may apply to the Court for a default judgment after an entry of default by
the Clerk of Court. Fed. R. Civ. P. 55(b); New York Life, 84 F.3d at 141. This would be requested
by the plaintiff after the Clerk of Court enters the defendant’s default upon request of the
plaintiff as set forth in the second step above.
After a party files a motion for a default judgment, courts must apply a two-part process
to determine whether a default judgment should be entered. First, the Court must ascertain if the
entry of default judgment is procedurally justified. Lindsey v. Prive Corp., 161 F.3d 886, 893
(5th Cir. 1998). Several factors are relevant to this inquiry, including: (1) whether there are
material issues of fact; (2) whether there has been substantial prejudice; (3) whether the grounds
for default have been clearly established; (4) whether the default was caused by excusable
neglect or good faith mistake; (5) the harshness of the default judgment; and (6) whether the
Court would think itself obliged to set aside the default on a motion by defendant. Id. Default
judgments are disfavored due to a strong policy in favor of decisions on the merits and against
resolution of cases through default judgments. Id. Default judgments are “available only when
the adversary process has been halted because of an essentially unresponsive party.” Sun Bank of
Ocala v. Pelican Homestead & Sav. Ass'n, 874 F.2d 274, 276 (5th Cir. 1989) (citation omitted).
Second, the Court must determine whether the plaintiff's complaint sufficiently sets forth
facts establishing that it is entitled to relief. Nishimatsu Constr. Co. v. Houston Nat'l Bank, 515
F.2d 1200, 1206 (5th Cir. 1975); Hamdan v. Tiger Bros. Food Mart, Inc., No. CV 15-00412,
2016 WL 1192679, at *2 (M.D. La. Mar. 22, 2016). A default judgment may be supported by
“well-pleaded allegations, assumed to be true.” Id. (citing Thomson v. Wooster, 114 U.S. 104, 5
(1885)). The defendant, however, is “not held to admit facts that are not well-pleaded or admit to
conclusions of law.” Id.
The instant matter is at a standstill due to the defendant’s failure to file responsive
pleadings and the plaintiff’s failure to seek a default judgment as set forth above. Accordingly,
IT IS ORDERED that, on or before May 3, 2021, the plaintiff shall begin the process of
seeking a default judgment against the defendant by filing a request for the clerk to enter the
defendant’s default. Failure to do so will result in dismissal of this action pursuant to Local Rule
41(b) for lack of prosecution.
Signed in Baton Rouge, Louisiana, on April 12, 2021.
S
RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE