Coleman v. United Subcontractors Inc

Filing 27

ORDER: The court determines that the 26 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court denies Plaintiff's Motion for Default Judgment (Doc. 8 ) and grants Defendant's Motion to Set Aside Clerks Entry of Default (Doc. 14 ). Defendant shall file an answer or otherwise respond to Plaintiffs Original Complaint by 4/12/2016. (Ordered by Judge Sam A Lindsay on 3/22/2016) (sss)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KIMTON COLEMAN,
Plaintiff,
v.
UNITED SUBCONTRACTORS, INC.
d/b/a CHAMPION INSULATION,
Defendant.

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Civil Action No. 3:14-CV-4174-L

ORDER
Before the court is Plaintiff’s Motion for Default Judgment (Doc. 8), filed October 2, 2015;
and Defendant’s Motion to Set Aside Clerk’s Entry of Default (Doc. 14), filed November 6, 2015.
These motions were referred to Magistrate Judge Renée Harris Toliver, who entered Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on November
10, 2015, recommending that the court deny Plaintiff’s Motion for Default Judgment (Doc. 8) and
grant Defendant’s Motion to Set Aside Clerk’s Entry of Default (Doc. 14). The magistrate further
recommended that Defendant should be required to reimburse Plaintiff’s reasonable attorney’s fees
for securing the entry of default, filing the Motion for Default Judgment, and responding to
Defendant’s Motion to Set Aside Default. No objections to the Report were filed.
After carefully reviewing the motions, record, and Report, the court determines that the
findings and conclusions of the magistrate judge are correct, and accepts them as those of the court.
Accordingly, the court denies Plaintiff’s Motion for Default Judgment (Doc. 8) and grants
Defendant’s Motion to Set Aside Clerk’s Entry of Default (Doc. 14). Defendant shall file an answer
or otherwise respond to Plaintiff’s Original Complaint by April 12, 2016. Failure of Defendant to

Order – Page 1

do so will result in entry of default against it. Any application by Plaintiff to recover reasonable
attorney’s fees incurred in securing the entry of default, filing the Motion for Default Judgment, and
responding to Defendant’s Motion to Set Aside Default by Plaintiff must be filed by April 21, 2016,
together with supporting documentation.
It is so ordered this 22nd day of March, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2