USA v. Hardman

Filing 8

MEMORANDUM ORDER granting 7 Motion to Set Aside Default. Signed by Magistrate Judge Mark L Hornsby on 07/24/2014. (crt,Williams, L)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

UNITED STATES OF AMERICA

CIVIL ACTION NO. 14-cv-0223

VERSUS

JUDGE FOOTE

DARNESHA S. HARDMAN

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
The United States filed this civil action against Darnesha Hardman to collect an
alleged debt in excess of $46,000. The Government alleges the debt arose in connection with
Hardman’s default on the terms of a Nursing Scholarship Program. Hardman waived service
but did not file an answer, and the United States obtained an entry of default.
Plaintiff later filed an answer, in which she also asked that the default be set aside.
The Clerk of Court docketed the filing as a Motion to Set Aside Default (Doc. 7). Plaintiff
represented that she complied with her obligations under the scholarship program.
The Court has a great deal of discretion in determining whether there is good cause
to set aside a default, and all doubts about the propriety of a default should be resolved in
favor of a contest on the merits. Lacy v. Sitel Corporation, 227 F.3d 290, 292 (5th Cir.
2000). The court finds that the best exercise of its discretion in these circumstances is to
order that Hardman’s request to set aside the default is granted. The Clerk of Court is
directed to file Hardman’s answer.

Cases such as this that are not resolved by settlement or default judgment are usually
resolved by a motion for summary judgment. The United States is directed to file a motion
for summary judgment by September 30, 2014 if a settlement is not reached.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 24th day of July, 2014.

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