Michael Worsham v. Travel Options, Inc.

Fourth Circuit

Michael Worsham v. Travel Options, Inc.

678 F. App'x 165

CourtCourt of Appeals for the Fourth Circuit

DecidedMarch 3, 2017

Docket16-2133

StatusUnpublished

Cited by11 cases

This text of 678 F. App'x 165 (Michael Worsham v. Travel Options, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Michael Worsham v. Travel Options, Inc., 678 F. App'x 165 (4th Cir. 2017).

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Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael Craig Worsham appeals the district court’s order entering default judgment in his favor on some of his claims, while denying judgment on other claims. Pursuant to Fed. R. Civ.' P. 55(a), when a party against whom judgment is sought has failed to plead, the clerk must enter the party’s default. The court may then enter a default judgment upon the motion of a party, and may conduct hearings to determine the amount of damages. Fed. R. Civ. P. 55(b)(2).

“The defendant, by his default, admits the plaintiffs well-pleaded allegations of fact.” Ryan v. Homecomings Fin. Network, 253 F.3d 778, 780 (4th Cir. 2001) (internal quotation marks omitted). “The court must, therefore, determine whether the well-pleaded allegations in the [] complaint support the relief sought in [the] action.” Id. “ ‘[A] defendant’s default does not in itself warrant the court in entering a default judgment. There must be a sufficient basis in the pleadings for the judgment entered.’” DIRECTV, Inc. v. Pernites, 200 Fed.Appx. 257, 258 (4th Cir. 2006) (quoting Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)). “Further, a ‘defendant is not held to admit facts that are not well-pleaded or to admit conclusions of law.’ ” DIRECTV, 200 Fed.Appx. at 258 (citing Nishimatsu, 515 F.2d at 1206). We have thoroughly reviewed the record and conclude that the district court did not commit reversible error in entering default judgment on some of Worsham’s claims, while denying judgment in his favor on his remaining claims.

*166 Accordingly, we affirm the district court’s order and deny Worsham’s motions for costs and to compel answers to interrogatories in aid of execution. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

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Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael Craig Worsham appeals the district court’s order entering default judgment in his favor on some of his claims, while denying judgment on other claims. Pursuant to Fed. R. Civ.' P. 55(a), when a party against whom judgment is sought has failed to plead, the clerk must enter the party’s default. The court may then enter a default judgment upon the motion of a party, and may conduct hearings to determine the amount of damages. Fed. R. Civ. P. 55(b)(2).

“The defendant, by his default, admits the plaintiffs well-pleaded allegations of fact.” Ryan v. Homecomings Fin. Network, 253 F.3d 778, 780 (4th Cir. 2001) (internal quotation marks omitted). “The court must, therefore, determine whether the well-pleaded allegations in the [] complaint support the relief sought in [the] action.” Id. “ ‘[A] defendant’s default does not in itself warrant the court in entering a default judgment. There must be a sufficient basis in the pleadings for the judgment entered.’” DIRECTV, Inc. v. Pernites, 200 Fed.Appx. 257, 258 (4th Cir. 2006) (quoting Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)). “Further, a ‘defendant is not held to admit facts that are not well-pleaded or to admit conclusions of law.’ ” DIRECTV, 200 Fed.Appx. at 258 (citing Nishimatsu, 515 F.2d at 1206). We have thoroughly reviewed the record and conclude that the district court did not commit reversible error in entering default judgment on some of Worsham’s claims, while denying judgment in his favor on his remaining claims.

*166 Accordingly, we affirm the district court’s order and deny Worsham’s motions for costs and to compel answers to interrogatories in aid of execution. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

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678 F. App'x 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-worsham-v-travel-options-inc-ca4-2017.

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