Oliveira v. Martins et al

Filing 20

ORDER granting in part without opposition the 11 Motion to Set Aside Default. Insofar as defendants did not willfully fail to file responsive pleadings on a timely basis, the entry of default is set aside. FURTHER ORDERED that the motion is DISMISSED AS MOOT in all otherrespects. Signed by Judge Lance M Africk on 7/30/2014. (blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CLEBER DESOUZA OLIVEIRA

CIVIL ACTION

VERSUS

No. 14-482

IONIA MARIA MARTINS ET AL.

SECTION I

ORDER
Before the Court is a motion1 by defendants to set aside the Court’s entry of default.
Rule 55(c) of the Federal Rules of Civil Procedure provides, “The court may set aside an
entry of default for good cause, and it may set aside a default judgment under Rule 60(b).” Fed. R.
Civ. P. 55(c). Federal courts possess broad discretion when determining whether to set aside
defaults, as defaults are generally disfavored and federal courts prefer to resolve disputes on the
merits. See Lindsey v. Prive Corp., 161 F.3d 886, 893 (5th Cir. 1998); Enron Oil Corp. v.
Diakuhara, 10 F.3d 90, 95-96 (2d Cir. 1993). Defaults are extreme sanctions reserved for rare
occasions, and doubts as to whether or not a defendant has shown good cause should be resolved
in favor of setting aside the default. See Lindsey, 161 F.3d at 893.
Plaintiff “does not object to the setting aside of the entry of default on the grounds that
defendants’ failure to file responsive pleadings timely was not willful.”2 Plaintiff disagrees,
however, with defendants’ alternative contentions regarding setting aside the entry of default on the
basis of lack of subject matter jurisdiction and failure to state a claim.
Accordingly,
IT IS ORDERED that the motion is GRANTED IN PART without opposition. Insofar

1

R. Doc. No. 11.

2

R. Doc. No. 13, at 3.

as defendants did not willfully fail to file responsive pleadings on a timely basis, the entry of
default is set aside.
IT IS FURTHER ORDERED that the motion is DISMISSED AS MOOT in all other
respects.

New Orleans, Louisiana, July 30, 2014.

________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE