American Ecological Technologies L L C v. Singham et al

Filing 25

MEMORANDUM ORDER: Before the Court is 24 Motion to Set Aside Default as to James Harris. Based on the showing made in the motion and noting the lack of opposition from Plaintiff, the Court finds good cause exists regarding Harris failure to ans wer. The Entry of Default (Record Document 15) as to Harris entered on 9/03/2013 is hereby set aside. Accordingly, IT IS ORDERED that Harris 24 Motion to Set Aside Entry of Default be and is hereby GRANTED. Signed by Judge S Maurice Hicks on 10/1/2013. (crt,Putch, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
AMERICAN ECOLOGICAL
TECHNOLOGIES, LLC

CIVIL ACTION NO. 13-2208

VERSUS

JUDGE S. MAURICE HICKS, JR.

SHANKER A. SIGHAM, ET AL.

MAGISTRATE JUDGE HAYES

MEMORANDUM ORDER
Before the Court is Defendant James Harris’ (“Harris”) Motion to Set Aside Entry of
Default. See Record Document 24. Harris moves for the entry of default, which was
entered on September 3, 2013, to be set aside on the grounds that he was not properly
served via Louisiana’s long-arm statute. See id.; see also Record Document 15. He
further noted that his failure to answer timely was not willful; setting aside the default would
not prejudice Plaintiff; and he has a meritorious defense to Plaintiff’s claims. See id.
Harris’ Motion to Set Aside Entry of Default is unopposed.
Federal Rule of Civil Procedure 55(c) provides that “the court may set aside an entry
of default for good cause.” Courts have routinely interpreted the good cause requirement
liberally. See Effjohn Int’l Cruise Holdings, Inc. v. A&L Sales, Inc., 346 F.3d 552, 563 (5th
Cir. 2003). Three factors are considered in determining whether good cause exists: “(1)
whether the failure to act was willful; (2) whether setting the default aside would prejudice
the adversary; and (3) whether a meritorious claim has been presented.” Id. These factors
are not exclusive and “other factors may be considered, such as whether the party acted
expeditiously to correct the default.” Id.
Based on the showing made in his motion and noting the lack of opposition from
Plaintiff, the Court finds good cause exists regarding Harris’ failure to answer. The Entry

of Default (Record Document 15) as to Harris entered on September 3, 2013 is hereby set
aside.
Accordingly,
IT IS ORDERED that Harris’ Motion to Set Aside Entry of Default (Record Document
24) be and is hereby GRANTED.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 1st day of October, 2013.