Columbia Mut. Ins. Co. v. Perfecting New Life Learning Ctr.

Full title: COLUMBIA MUTUAL INSURANCE COMPANY, Plaintiff, v. PERFECTING NEW LIFE…

Court: United States District Court, E.D. Arkansas, Western Division

Date published: Sep 18, 2006

4:05CV01118-WRW (E.D. Ark. Sep. 18, 2006)

Opinion

4:05CV01118-WRW.

September 18, 2006

ORDER

WILLIAM WILSON JR., District Judge

Pending is Plaintiff's Motion for Default Judgment against Defendants Charlene Jackson, Charlia Robinson, Loretta Carolina, and Terrance Wilson (Doc. No. 47). By Order¹ entered on February 14, 2006, Columbia was allowed to serve Charlene Jackson ("Jackson"), Loretta Carolina ("Carolina"), Charlia Robinson ("Robinson"), Karen Phillips ("Phillips") and Terrance Wilson ("Wilson") by warning order.² Defense counsel entered a Notice of Appearance³ for Karen Phillips on March 3, 2003. Because Jackson, Carolina, Robinson, and Wilson have not been located, Columbia seeks a default judgment against them.⁴

1 Doc. No. 35.

2 The Federal Rules of Civil Procedure do not provide for warning order; therefore, it is necessary to review Rule 4(f) of the Arkansas Rules of Civil Procedure for the requirements.

3 Doc. No. 38.

4 Doc. No. 47.

Default judgments are not favored and should be used sparingly.⁵ Accordingly, Plaintiff's Motion for Default Judgment is DENIED without prejudice. Plaintiff may re-file the motion if the answering defendants are found liable.

5 Comiskey v. JFTJ Corp., 989 F.2d 1007, 1009 (8th Cir. 1993).

IT IS SO ORDERED.