ANTHONY v. IBERIA PARISH SCHOOL BOARD

TUCKER MELANCON, District Judge

Before the Court is Plaintiff's Opposition/Motion To Reconsider Court's Grant of Defendants' Request to Set Aside Entry of Default Judgment [Rec. Doc. 27] moving the Court to reconsider its May 28^th Order granting defendants' Motion To Set Aside Entry Of Default And Leave Of Court To File Responsive Pleadings, R. 24.

Rule 55 of the Federal Rules of Civil Procedure allows a court to set aside an entry of default for good cause. Fed.R.Civ.P. 55(c). It is within the district court's discretion to set aside a default. See United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5th Cir. 1985). Considered a drastic and extreme remedy, default judgments are not entered against a defaulting party as a matter of right. See Lewis v. Lynn, 236 F.3d 766, 767 (5th Cir. 2001). A court considering whether to set aside an entry of default should consider "whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented." One Parcel of Real Property, 763 F.2d at 183. The Court considers these factors while acknowledging that default judgments are not favored under federal law and procedure. See Lindsey v. Prive Corp., 161 F.3d 886, 893 (5th Cir. 1998). In applying this standard to defendants' Motion To Set Aside Entry Of Default And Leave Of Court To File Responsive Pleadings, it is ORDERED that the Plaintiff's Opposition/Motion To Reconsider Court's Grant of Defendants' Request to Set Aside Entry of Default Judgment [Rec. Doc. 27] is DENIED.

THUS DONE AND SIGNED in Lafayette, Louisiana.