KEN CORBETT FARMS LLC v. TJ PRODUCE INC

Filing 17

ORDER denying 14 Motion for Default Judgment. Ordered by Judge Hugh Lawson on 3/1/2013. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
KEN CORBETT FARMS, INC.,
Plaintiff,
v.
Civil Action 7:12-CV-87 (HL)
TJ PRODUCE, INC., et al.,
Defendants.

ORDER
The Court entered an order on February 12, 2013 asking for a status
update in this case, in which there has been very little activity since the case was
removed on July 16, 2012. In response to that Order, on February 26, 2013, the
deadline for the status update, Plaintiff filed a Motion for Default Judgment (Doc.
14). Later that afternoon, Defendants filed an Answer (Doc. 16).
The Court finds that a default judgment is not appropriate. The Court
recognizes that Defendants’ Answer was filed late, but finds that, at this point, it
is best to allow the case to proceed. The entry of a default judgment is generally
committed to the discretion of the district court. Hamm v. DeKalb Cnty., 774 F.2d
1567, 1576 (11th Cir. 1985). “A default judgment is a harsh remedy that is
disfavored by the courts. Accordingly, there is a preference that liability be
decided on the merits.” Bivens v. Roberts, No. 208CV026, 2009 WL 411527, at
*6 (S.D. Ga. Feb. 18, 2009).

Based on the judicial preference to decide cases on their merits, the
Motion for Default Judgment is denied. A scheduling and discovery report shall
be sent to the parties and the case shall proceed. However, Defendants are
encouraged to learn from their mistakes and ensure that all future deadlines are
met.
SO ORDERED, this 1st day of March, 2013.

s/Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
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