Soileau v. Midsouth Bancorp Inc et al

Filing 65

ORDER granting 62 Motion to Set Aside Default. Signed by Magistrate Judge Patrick J Hanna on 11/19/2020. (crt,Alexander, E)

Case 6:19-cv-00537-MJJ-PJH Document 65 Filed 11/19/20 Page 1 of 2 PageID #: 555

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
BERNADINE D SOILEAU

CASE NO. 6:19-CV-00537

VERSUS

JUDGE JUNEAU

MIDSOUTH BANCORP INC ET AL

MAGISTRATE JUDGE HANNA

ORDER
Before the Court is the Motion to Set Aside Default filed on behalf of John
Soileau, Jr. (Rec. Doc. 62). Midsouth Bank N.A., which filed the Third-Party
Demand against Mr. Soileau, does not oppose the Motion.
The court may set aside an entry of default for good cause. Rule 55(c). The
Fifth Circuit set forth the general standard applicable to setting aside the entry of
default as follows:
[F]ederal courts should not be agnostic with respect to the entry
of default judgments, which are “generally disfavored in the law” and
thus “should not be granted on the claim, without more, that the
defendant had failed to meet a procedural time requirement.” Thus,
“where there are no intervening equities any doubt should, as a general
proposition, be resolved in favor of the movant to the end of securing a
trial upon the merits.”
To determine whether good cause to set aside a default exists—
a “decision necessarily ... informed by equitable principles”—“we have
found it useful to consider three factors ... [:] whether the default was
willful, whether setting it aside would prejudice the adversary, and
whether a meritorious defense is presented.” Other factors may also be
considered, including whether “the defendant acted expeditiously to
correct the default.”

Case 6:19-cv-00537-MJJ-PJH Document 65 Filed 11/19/20 Page 2 of 2 PageID #: 556

Lacy v. Sitel Corp., 227 F.3d 290, 292 (5th Cir. 2000) (Citations omitted.)
The Court finds that good cause exists for setting aside the default entered
against Mr. Soileau, who was not represented by counsel until recently. Because
Midsouth does not object to the setting aside of the default, the Court interprets that
Midsouth will not be prejudiced by this order. Further, there is no evidence that Mr.
Soileau’s default was willful. Accordingly,
IT IS ORDERED that the entry of default against John Soileau, Jr. be set
aside.
Signed at Lafayette, Louisiana on this 19th day of November, 2020.

____________________________________
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE