Gryphon Oilfield Solutions, LLC v. Stage Completions Inc. et al

Filing 77

ORDER denying 53 Motion for Default Judgment; denying 66 Motion to Strike Motion to Dismiss.(Signed by Judge Nancy F Atlas) Parties notified.(TDR, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
GRYPHON OILFIELD SOLUTIONS, §
LLC,
§
Plaintiff,
§
§
v.
§
§
STAGE COMPLETIONS (USA)
§
CORPORATION, et al.,
§
Defendants.
§

January 23, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. H-17-3220

ORDER
Plaintiff Gryphon Oilfield Solutions, LLC (“Gryphon”) filed a patent
infringement complaint against Defendants Stage Completions (USA) Corporation
(“Stage USA”) and Stage Completions Inc. (“Stage Inc.”), a Canadian company.
After Stage Inc. failed to respond, Gryphon filed a Motion for Default Judgment [Doc.
# 53] against Stage Inc., who filed a Motion to Dismiss [Doc. # 59] pursuant to Rule
12(b)(4) of the Federal Rules of Civil Procedure for lack of proper service, pursuant
to Rule 12(b)(5) for insufficient service of process, and pursuant to Rule 12(b)(2) for
lack of personal jurisdiction. Gryphon filed a Motion to Strike the Motion to Dismiss
[Doc. # 66] as untimely.
Federal courts disfavor default judgments, and will generally vacate a default
judgment if a late response is ultimately filed. See, e.g., Harper Macleod Solicitors

P:\ORDERS\11-2017\3220MDefJudgment.wpd 180123.0801

v. Keaty & Keaty, 260 F.3d 389, 393 (5th Cir. 2001); APD Tech, LLC v. Emeritus
Equity Holdings, LLC, 2017 WL 6284678, *2 (S.D. Tex. Nov. 9, 2017) (noting that
the Federal Rules of Civil Procedure disfavor default judgments and that “they should
only be resorted to by courts in extreme situations”), report and recommendation
adopted, 2017 WL 6209612 (S.D. Tex. Dec. 7, 2017). Indeed, the Fifth Circuit
requires a district court to “set aside a default judgment as void if it determines that
it lacked personal jurisdiction over the defendant because of defective service of
process.” See id. (citing Bludworth Bond Shipyard, Inc. v. M/V Caribbean Wind, 841
F.2d 646, 649 (5th Cir.1988)). Because Stage Inc. has filed a Motion to Dismiss
challenging both service and personal jurisdiction, even if it were untimely, default
judgment would be inappropriate. Accordingly, it is hereby
ORDERED that the Motion for Default Judgment [Doc. # 53] and the Motion
to Strike Motion to Dismiss [Doc. # 66] are DENIED.
SIGNED at Houston, Texas, this 23rd day of January, 2018.

NAN Y F. ATLAS
SENIOR UNI
STATES DISTRICT JUDGE

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