Brooke v. Blue Diamond Hospitality LLC

Background

Theresa Brooke filed a motion for default judgment on October 11, 2021. On November 4, 2021, the presiding judge referred the motion to Magistrate Judge Kandis A. Westmore for a report and recommendation. The order states that no opposition was filed by the deadline under the court's local rules.

What the Court Ordered

The court did not grant or deny the motion for default judgment. Instead, it ordered Brooke to file a proposed order within 14 days. The proposed order had to include the factual and procedural background, the legal basis for the court's jurisdiction, personal jurisdiction over the parties, adequate service of process, and analysis of the factors used to decide whether default judgment is appropriate.

The required analysis included the possible prejudice to Brooke, the strength of her claims, the sufficiency of the complaint, the amount of money at stake, the possibility of a dispute over important facts, whether the default resulted from excusable neglect, and the federal preference for decisions on the merits. The court also required supporting authority and evidence for any requested damages, attorney's fees, and costs. Brooke had to email the proposed findings in Microsoft Word format to the court and did not need to submit paper copies to chambers.

Hearing and Service

The court set a Zoom hearing on the motion for default judgment for December 16, 2021, at 1:30 p.m. Brooke was ordered to serve the notice and the motion on all other parties and file a certificate of service.

Disposition

The order set a hearing and required additional submissions; it did not enter a default judgment or resolve the underlying claims. Magistrate Judge Kandis A. Westmore issued the order. The opinion identifies Haywood Gilliam as the presiding judge who referred the motion to her.