GRAY v. CAIN, 15-103-SDD-SCR. (2015)
Court: District Court, M.D. Louisiana
Number: infdco20150630e77
Visitors: 31
Filed: Jun. 03, 2015
Latest Update: Jun. 03, 2015
Summary: MAGISTRATE JUDGE'S REPORT STEPHEN C. RIEDLINGER , Magistrate Judge . Before the court is the Motion for Default Judgment filed by plaintiff Kenneth Gray. Record document number 10. The motion is opposed. 1 Plaintiff's motion is based only on the Clerk of Court's entry of a Rule 55(a), Fed.R.Civ.P., default against the defendants on April 30, 2015. 2 However, the defendants filed a Motion to Set Aside Entry of Default, 3 which motion was not opposed, and was granted. 4 Consequently, th
Summary: MAGISTRATE JUDGE'S REPORT STEPHEN C. RIEDLINGER , Magistrate Judge . Before the court is the Motion for Default Judgment filed by plaintiff Kenneth Gray. Record document number 10. The motion is opposed. 1 Plaintiff's motion is based only on the Clerk of Court's entry of a Rule 55(a), Fed.R.Civ.P., default against the defendants on April 30, 2015. 2 However, the defendants filed a Motion to Set Aside Entry of Default, 3 which motion was not opposed, and was granted. 4 Consequently, the..
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MAGISTRATE JUDGE'S REPORT
STEPHEN C. RIEDLINGER, Magistrate Judge.
Before the court is the Motion for Default Judgment filed by plaintiff Kenneth Gray. Record document number 10. The motion is opposed.1
Plaintiff's motion is based only on the Clerk of Court's entry of a Rule 55(a), Fed.R.Civ.P., default against the defendants on April 30, 2015.2 However, the defendants filed a Motion to Set Aside Entry of Default,3 which motion was not opposed, and was granted.4 Consequently, the plaintiff may no longer obtain a judgment solely by default. Plaintiff did not file with his motion and affidavit or evidence to support his claims against the defendants. Plaintiff's claims, which are based on allegations of Amendment, cannot be established without presenting evidence. Moreover, apparently recognizing the need to produce evidence, the plaintiff subsequently file a Motion for Summary Judgment which he supported with several exhibits and his own affidavit.5
RECOMMENDATION
It is the recommendation of the magistrate judge that the Motion for Default Judgment filed by plaintiff Kenneth Gray be denied.
FootNotes
1. Record document number 14.
2. Record document number 8.
3. Record document number 12.
4. Record document number 20.
5. Record document number 15.
Source: Leagle
