U.S. Specialty Insurance Company v. Integrated Pro Services, LLC et al

Filing 40

ORDER granting 37 MOTION to Continue, as to 35 MOTION for Default Judgment; Plaintiff's motion for default judgment will be taken under advisement on 5/21/2014, at 9:00 AM, without oral argument. Signed by Judge Lance M Africk on 4/21/2014.(blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

U.S. SPECIALTY INSURANCE COMPANY
VERSUS

CIVIL ACTION
No. 14-279

INTEGRATED PRO SERVICES, LLC ET AL.

SECTION I

ORDER
Before the Court is a motion1 filed by defendants to continue the submission date of
plaintiff’s motion2 for default judgment. Defendants seek the continuance in order to allow time
for the Court to first address their motion3 to set aside the entry of default. Plaintiff opposes the
continuance, stating that defendants “did not have good cause to ignore responding to a Federal
Court complaint,” that defendants have no defenses to the merits of the litigation, and that
“[t]here is no reason to delay judgment in favor of [plaintiff].”4
“When the question for the trial court is a scheduling decision, such as whether a
continuance should be granted, the judgment range is exceedingly wide, for, in handling its
calendar and determining when matters should be considered, the district court must consider not
only the facts of the particular case but also all of the demands on counsel’s time and the
court’s.” Fontenot v. Upjohn Co., 780 F.2d 1190, 1193 (5th Cir. 1986). The Court finds that the
interests of judicial economy and efficiency would best be served by addressing the motion to set
aside the entry of default before considering whether default judgment is appropriate.
Accordingly,

1

R. Doc. No. 37.
R. Doc. No. 35.
3
R. Doc. No. 36.
4
R. Doc. No. 39, at 1.
2

IT IS ORDERED that the motion to continue the submission date of plaintiff’s motion
for default judgment is GRANTED. Plaintiff’s motion for default judgment will be taken under
advisement on Wednesday, May 21, 2014, at 9:00 AM, without oral argument.

New Orleans, Louisiana, April 21, 2014.

_______________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

2