12 Cited authorities

  1. Lewis v. Lynn

    236 F.3d 766 (5th Cir. 2001)   Cited 761 times
    Holding non-appearing parties may “benefit from the appearing defendant's favorable summary judgment motion”
  2. Sun Bank of Ocala v. Pelican Homestead & Savings Ass'n

    874 F.2d 274 (5th Cir. 1989)   Cited 697 times
    Finding no abuse of discretion in district court's refusal to enter default judgment against defendant that filed motion to dismiss one day outside the allotted period for filing an answer
  3. Ganther v. Ingle

    75 F.3d 207 (5th Cir. 1996)   Cited 530 times
    Holding the Eleventh Amendment prohibits a citizen from bringing suit against a state unless the state waives its immunity
  4. Rogers v. Hartford Life and Accident Ins. Co.

    167 F.3d 933 (5th Cir. 1999)   Cited 435 times
    Holding that medical expenses incurred due to a wrongful denial of disability benefits, i. e., "make whole" damages, were not equitable in nature under Mertens
  5. Mason v. Lister

    562 F.2d 343 (5th Cir. 1978)   Cited 321 times
    Rejecting Equal Protection challenge to NASA early retirement program
  6. Hunt v. Inter-Globe Energy, Inc.

    770 F.2d 145 (10th Cir. 1985)   Cited 247 times
    Holding that because "Rule 55(b) does not allow an award of attorney fees as part of a default judgment entered by the clerk," the plaintiff's "request for attorney fees . . . precludes entry of default judgment by the [c]lerk"
  7. Frow v. De La Vega

    82 U.S. 552 (1872)   Cited 613 times
    Holding that, when defendants may be jointly liable, courts should not enter default judgment against the defaulting defendant alone until the matter has been resolved against all defendants
  8. Coastal Drilling Company v. Shinn Enterprises, Inc.

    CIVIL ACTION NO: 05-4007 SECTION: J (E.D. La. May. 20, 2008)

    CIVIL ACTION NO: 05-4007 SECTION: J. May 20, 2008 ORDER CARL BARBIER, District Judge Before the Court is Third-Party Plaintiff Shinn Enterprises, Inc.'s ("Shinn") Motion for Entry of Default Judgment (Rec. Doc. 86), set for hearing on May, 14, 2008 on the briefs. Also before the Court is Third Party Defendants Camden Holdings, Inc., Summit Oil and Gas, Inc., and Mark R. Anderson's (the "Camden Defendants") Motion to Set Aside Default (Rec. Doc. 90), set for hearing on May 28, 2008 on the briefs,

  9. General Electrical Capital Corp. v. Arnoult

    CIVIL ACTION NO. 99-2411, SECTION "T" (E.D. La. Jan. 8, 2002)   Cited 2 times

    CIVIL ACTION NO. 99-2411, SECTION "T" January 8, 2002 ORDER AND REASONS Before this Court is a Motion for Default Judgment filed on October 10, 2001, on behalf of the Plaintiff, General Electrical Capital Corporation ("GECC"), pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure. The Court, having reviewed the memoranda submitted by the parties, the exhibits, the record, and the applicable law, is fully advised on the premises and ready to rule. I. BACKGROUND G. Thomas Porteous, Jr.

  10. Scott Fence Industries v. Neuenhaus

    490 So. 2d 1132 (La. Ct. App. 1986)   Cited 5 times

    No. 86-CA-45. June 2, 1986. APPEAL FROM TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, HONORABLE ROBERT J. BURNS, J. Deutsch, Kerrigan Stiles, Patrick J. Berrigan, Joseph L. McReynolds, New Orleans, for plaintiff-appellee. Ryan Willeford, James F. Willeford, New Orleans, for defendant-appellant. Before CHEHARDY. C.J., and BOWES and GRISBAUM, JJ. CHEHARDY, Chief Judge. This is an appeal by Carl H. Neuenhaus, d/b/a/ Luxury Leasing and Daily Rental, from a judgment annulling

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,790 times   123 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  12. Rule 4 - Process: General and miscellaneous provisions

    Ala. R. Civ. P. 4   Cited 208 times

    (a) Summons or Other Process. (1) Issuance. Upon the filing of the complaint, or other document required to be served in the manner of an original complaint, the clerk shall forthwith issue the required summons or other process for service upon each defendant. Upon request of the plaintiff separate or additional summons shall issue at any time against any defendant. (2) Form. The summons or other process, or each of them in cases involving multiple defendants, shall be signed by the clerk, contain