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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?