Riggs v. Winn Parish

Filing 25

ORDER denying 19 Motion for Judgment by Default. Signed by Magistrate Judge Joseph H L Perez-Montes on 11/10/2016. (crt,Haik, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
CLAY RIGGS,
Plaintiff

CASE NO. 1:16-CV-01134; SEC. P

VERSUS

CHIEF JUDGE DRELL

POLICE DEPARTMENT WINN
PARISH, ET AL.,
Defendants

c

MAGISTRATE JUDGE PEREZ-MONTES

MEMORANDUM ORDER
Before the Court is Plaintiff’s Motion for Judgment by Default. (Doc. 19).
Plaintiff moves this Court for the entry of default judgment against Defendants on
the grounds that Defendants have not responded to his “Affidavit of Denial of
Corporate Existence.”
“Default judgments are a drastic remedy, not favored by the Federal Rules and
resorted to by courts only in extreme situations. . . . [T]hey are ‘available only when
the adversary process has been halted because of an essentially unresponsive party.’”
Sun Bank of Ocala v. Pelican Homestead & Savings Ass’n, 874 F.2d 274, 276 (5th Cir.
1989).
This case is undergoing initial review. Plaintiff was ordered to amend his
Complaint. (Doc. 20). Defendants have not been served, nor has service been
authorized at this time. Therefore, entry of default judgment is not appropriate in
this case.

Accordingly, IT IS ORDERED that Plaintiff’s Motion for Judgment by Default
(Doc. 19) is DENIED.
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this
10th
_______ day of November, 2016.
______________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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