Ceaser v. City of Jackson, Mississippi et al
Filing
120
Memorandum Opinion and Order granting 9 Motion for Default Judgment as to Justin Harper, as docketed in member case 3:14-cv-769. Signed by District Judge Carlton W. Reeves on 09/30/2015 (AC)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
AMICA CEASER, Individually and on
behalf of Dakari Ceaser and Deeunta Ceaser,
minor children
V.
PLAINTIFF
CAUSE NO. 3:12-CV-687-CWR-FKB
CITY OF JACKSON; REBECCA
COLEMAN; JUSTIN HARPER; and JOHN
DOES 1-5
DEFENDANTS
consolidated with
AMICA CEASER, Individually and on
behalf of Dakari Ceaser and Deeunta Ceaser,
minor children
V.
PLAINTIFF
CAUSE NO. 3:14-CV-769-CWR-FKB
JUSTIN HARPER, Individually; and CITY
OF JACKSON for declaratory relief
DEFENDANTS
MEMORANDUM OPINION AND ORDER
This matter is before the Court on the Motion of Plaintiff, Amica Ceaser, individually and
on behalf of Dakari Ceaser and Deeunta Ceaser, minor children, for Default Judgment against
Defendant Justin Harper. Docket No. 9. The Court finds that it has jurisdiction pursuant to 28
U.S.C. § 1331 and 42 U.S.C. § 1983. Having considered the relevant pleadings, the Court finds
that the motion should be granted.
FACTUAL AND PROCEDURAL BACKGROUND
On October 1, 2014, Ceaser filed her Complaint, Docket No. 1, alleging various
violations of her civil rights committed by defendants, including Defendant Justin Harper. The
claims included excessive force. On the date of the filing of the Complaint, Plaintiff served
Harper with a summons and a copy of the Complaint, but he failed to appear or otherwise
plead. On October 20, 2014, Proof of Service was filed in this Court establishing that service
was proper pursuant to Federal Rule of Civil Procedure 4(h). Docket No. 3. On November 5,
2014, Plaintiff filed her Application for Clerk’s Entry of Default, which the clerk granted on
November 6, 2014. Docket Nos. 7-8. Plaintiff now seeks a default judgment against Justin
Harper. Docket No. 9.
DISCUSSION
Rule 55 of the Federal Rules of Civil Procedure sets forth conditions upon which default
may be entered against a party, as well as the procedure to seek the entry of default
judgment. Fed. R. Civ. P. 55. “The Fifth Circuit requires a three-step process for securing a
default judgment.” Chevron Intell. Prop., L.L.C. v. Mashiana, No. 4:10-CV-352, 2011 WL
2637372, at *1 (E.D. Tex. June 10, 2011) (citing New York Life Ins. Co. v. Brown, 84 F.3d 137,
141 (5th Cir. 1996)). A default occurs when the defendant fails to plead or otherwise respond to
the complaint within the time required by Rule 12 of the Federal Rules of Civil Procedure. Id.
(citing Fed. R. Civ. P. 55(a); New York Life Ins., 84 F.3d at 141). The clerk may then enter an
entry of default when default is established by affidavit. Id. (citing Fed. R. Civ. P. 55(a); New
York Life Ins., 84 F.3d at 141). After an entry of default, the plaintiff may apply to the clerk or
the court for a default judgment. Id. (citing Fed. R. Civ. P. 55(b)).
Because Harper failed to timely appear, answer, or otherwise plead in the instant
litigation, the well-pleaded allegations in the Complaint are taken as admitted. CENTRIA v.
Alply Architectural Bldg. Sys., LLC, No. 4:11-CV-79-CWR-LRA, 2012 WL 73235, at *4 (S.D.
Miss. Jan. 10, 2012) (citation omitted).
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A separate hearing must be held to determine the amount of damages for which this
defendant is liable. Fed. R. Civ. P. 55(b). Plaintiff will be permitted to present evidence on the
claims as well as the damages she suffered because of the acts of Justin Harper. See Fed. R. Civ.
P. 55(b)(2).
CONCLUSION
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Motion for Default
Judgment as to Justin Harper is granted. The Court will defer entering judgment until the Court
receives and considers the evidence on damages at an evidentiary hearing. Available hearing
dates can be obtained from the undersigned’s chambers. Prior to said hearing, counsel for
Plaintiff shall serve a copy of this Order and the Notice of Hearing on Justin Harper at his last
known address or at the place wherein Harper was served the Summons and Complaint.
SO ORDERED AND ADJUDGED, this the 30th day of September, 2015.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE
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