Cook v. Perkins et al

Filing 65

RULING denying 64 Motion for Judgment in Default. Signed by Magistrate Judge Stephen C. Riedlinger on 1/6/2014. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

STEPHEN P. COOK
CIVIL ACTION
VERSUS
NUMBER 12-258-SCR
LIVINGSTON PARISH DEPUTY DENNY
PERKINS, ET AL
RULINGS ON MOTION FOR JUDGMENT IN DEFAULT
Before the court is the plaintiff’s Motion for Judgment in
Default.

Record document number 64.

Pro se plaintiff Stephen P. Cook seeks leave to file a motion
for a Judgment by Default and/or a default judgment against
defendant Dy. Denny Perkins and/or defendant Sheriff Jason Ard in
the amount of $1,000,000.1
The motion is frivolous, for several reasons.

First, insofar

as this motion can be considered as a dispositive motion, the
deadline for filing dispositive motions expired on July 31, 2013.
Second, the plaintiff has not - and cannot - obtain a Rule 55(a),
Fed.R.Civ.P., default, which is needed before a default judgment

1

According to the plaintiff’s proposed Order Granting Motion
for Default Judgment, this is the single claimant limit of the
defendants’ insurance coverage. Record document number 64-1, p.
18.
Sheriff Ard is not an original defendant.
He became the
Livingston Parish Sheriff in July 2012.
By operation of Rule
25(d), Fed.R.Civ.P., he was automatically substituted, in his
official capacity, as the proper defendant for original defendant
Sheriff Willie Graves for the plaintiff’s claims against the
Livingston Parish Sheriff.
Defendants’ insurer is not and has
never been a party to this case.

can

be

entered,

because

defendants

Dy.

Perkins

defendant Sheriff Graves filed an answer.2

and

original

Third, even if the

plaintiff could obtain a default, he cannot obtain a default
judgment, in the circumstances of this case, since his claim is not
for

a

“sum

certain

computation.”3

or

a

sum

that

can

be

made

certain

by

Rather, even if he could obtain a default judgment,

the plaintiff would still have to put on evidence to establish his
alleged damages.
Both

the

liability

of

defendant

Dy.

plaintiff’s damages are genuinely disputed.

Perkins

and

the

Plaintiff must offer

admissible evidence at the trial to prove both liability and
damages.4

If the plaintiff fails to introduce admissible evidence

to establish every element of his claims, the court may enter a
judgment

for

the

defendants,

as

provided

by

Rule

50(a),

Fed.R.Civ.P.
Accordingly, the plaintiff’s Motion for Judgment in Default is
denied.
Baton Rouge, Louisiana, January 6, 2014.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

2

Record document number 2.

3

Rule 55(a)(b)(1).

4

Record document number 62, Ruling on Motion for Summary
Judgment.
2