Legal Opinion

Lyons v. Smith

District Court, W.D. Texas

Decided September 14, 2023No. 3:23-cv-00092Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION JOSHUA L. LYONS, § Plaintiff, § § v. § § EP-23-CV-00092-DB JASON SMITH, et al., § Defendants. § ORDER On this day, the Court considered Plaintiff Joshua Lyons’ (“Plaintiff's”) “Motion for Default,” filed May 31, 2023. Plaintiffs urges the Court to enter a default judgment against Defendants under Federal Rule of Civil Procedure 55 (“Rule 55”) on the grounds that Defendants failed to timely plead or defend as required by Federal Rule of Civil Procedure 12 (“Rule 12”). Although the Defendants failed to timely…

2Cases cited7 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
  3. Eddie Wooten v. McDonald Transit Assoc, Inc.Court of Appeals for the Fifth Circuit · 2015
  4. Sun Bank of Ocala v. Pelican Homestead and Savings Association, and Third Party v. American First Mortgage Funding Corp., Third PartyCourt of Appeals for the First Circuit · 1989
  5. Ganther v. IngleCourt of Appeals for the Fifth Circuit · 1996

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