# Andrade v. Stewart

> District Court, M.D. Louisiana · January 12, 2023

URL: https://www.frixlaw.com/law-library/cases/10192502

## Case

- **Court:** District Court, M.D. Louisiana
- **Decided:** January 12, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10192502

## Opinion text

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

JOSEPH FRANK ANDRADE, CIVIL ACTION
INDIVIDUALLY AND ON BEHALF
OF HIS MINOR SON, J.A.
VERSUS
WAYNE T. STEWART, ET AL. NO. 20-00886-BAJ-SDJ

RULING AND ORDER
Before the Court is Plaintiffs Motion For Default Judgment, originally filed
pro se, against Defendant East Baton Rouge Parish School Board (“the School
Board”). (Doc. 57). For reasons to follow, Plaintiff's Motion will be denied.
I, BACKGROUND
The relevant procedural background is as follows: All Defendants, including
East Baton Rouge Parish School Board, filed a Motion to Dismiss Plaintiffs
Complaint and First Amended Complaint on March 4, 2021. (Doc. 15). On January 5,
2022, the Magistrate Judge issued a Report and Recommendations (“R&R”) granting
in part and denying in part Defendants’ Motion to Dismiss. (Doc. 48). The Court
subsequently adopted the R&R. (Doc. 45).
Plaintiff then filed a Motion for Reconsideration of the Court’s ruling that
adopted the R&R. (Doc. 46). On March 29, 2022, the Court denied Plaintiffs Motion
for Reconsideration. (Doc. 47).
On the same date, in a separate Order, the Court also denied Plaintiffs prior

occurs when a party “has failed to plead or otherwise defend” against an action. Fed.
R. Civ. P. 55(a). Next, an entry of default must be entered by the Clerk when the
default is shown “by affidavit or otherwise.” See id. Third, a party may apply for a
default judgment after an entry of default. Fed. R. Civ. P. 55(b); New York Life, 84
F.3d at 141.
After a party files for a default judgment, the Court applies a two-part analysis
to determine whether a final default judgment should be entered. First, the Court
considers whether the entry of default judgment is appropriate based on the factors
set forth in Lindsey, 161 F.3d at 893. Second, the Court assesses the merits of the
action to determine whether the plaintiff has a claim for relief. Nishimatsu Constr.
Co. v. Houston Natl Bank, 515 F. 2d 1200, 1206 (5th Cir. 1975); Reyes v. VH Acoustic
Ceilings, LLC, No. 18-cv-00790, 2020 WL 504659, at *2 (M.D. La. Jan. 31, 2020)
(Jackson, J.).
B. Discussion
Here, the Court easily determines that Plaintiffs Motion must be denied.
Plaintiff must satisfy all three steps, in order, before a default judgment will be
entered. See New York Life Ins. Co., 84 F.3d at 141. While Plaintiff moved for default
judgment, he did so prior to obtaining an entry of default from the Clerk. Further,
the entry of default was (correctly) denied because the School Board filed an Answer
to the Amended Complaint. (Doc. 56).
The analysis ends based upon Plaintiffs failure to satisfy the three-step
process. The Court need not engage in an analysis of the Lindsey factors nor assess

the merits of the action.
II. CONCLUSION
Accordingly,
IT IS ORDERED that Plaintiffs Motion For Default Judgment (Doc. 57)
be and is hereby DENIED.
Baton Rouge, Louisiana, this ay of January, 2023
A R .
JUDGE BRIAN A. pag KSON
UNITED STATES SISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10192502. Public record. Not legal advice.