Brown v. Laboard, et al.

Filing 17

MEMORANDUM AND ORDER denying 13 Motion for Default Judgment against James David Laboard; granting 16 Motion of James David Laboard to Set Aside Default; Rescinding 15 Order of Default; directing James David Laboard to respond to complaint by 1/8/16. Signed by Judge Marvin J. Garbis on 12/21/2015. (jnls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
CHRIS B. BROWN

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Plaintiff

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vs.

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BALTIMORE COUNTY, MARYLAND,
et al.
Defendants

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CIVIL ACTION NO. MJG-15-1724

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MEMORANDUM AND ORDER RE: DEFAULT
The Court has before it the Motion for Default Judgment
Against Officer David Laboard [ECF No. 13], the Order of Default
[ECF No. 15] and the Motion to Set Aside Order of Default By
Defendant, James Laboard [ECF No. 16].

The Court finds that a

hearing is unnecessary.
Plaintiff sought, and obtained, an Order of Default based
upon the representation that service has been effected upon
Defendant Laboard and that he was at fault for failing to
respond to the Complaint.

Defendant Laboard has presented

evidence indicating that service was not properly effected.
The Court finds it unnecessary for the parties to devote
further resources to the service dispute.

Even if – contrary to

the Court's belief - Defendant Laboard's submissions were
inaccurate, the Court would not impose the sanction of a default
judgment against him.

Accordingly:
1.

The Motion to Set Aside Order of Default By
Defendant, James Laboard [ECF No. 16] is GRANTED

2.

The Motion For Default Judgment Against Officer
David Laboard [ECF No. 13] is DENIED.

3.

The Order of Default [ECF No. 15] is RESCINDED.

4.

Defendant Laboard shall respond to the Complaint
by January 8, 2016.

SO ORDERED, on Monday, December 21, 2015.

/s/__________
Marvin J. Garbis
United States District Judge

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