“Whale Fall”Default Judgment Treatise

I usually don’t post on default judgment orders because there’s usually not a lot of meat on those bones. This order is different and more analogous to a “whale fall”, where a fallen whale carcass provides a sudden, concentrated food source for organisms in the deep sea. In this action alleging violations of the Fair Debt Collection Practices Act and the Texas Debt Collection Act Judge Mazzant goes through the standards for default and whether they are met, including the requirement that there be a sufficient basis in the pleadings for the judgment. So there’s a substantive analysis in there of what both statutes require. As a bonus, the court goes on to award statutory damages ($600 for each of the two defendants), attorneys fees ($10,480), costs (402) and enter an injunction. So you get the law and application of the law to facts on these subjects as well in this 22 page opinion.

Post-Trial Motions

Yes, post-trial motions and collections of World War II carrier aircraft are both favorite topics of mine, but that’s not why you’re seeing a collection of TBD-1s at the top of this post. You’re seeing it because the process of researching and building multiple iterations of the same subject but each with its own variations is analogous to Judge Sean Jordan’s order resolving multiple post trial motions in this 10-plaintiff employment discrimination case, which required careful analysis of the evidence adduced at trial as to each claim against each defendant.

Opposed Motion to Compel Appraisal and Abate Litigation Pending the Outcome of Appraisal Recommended Granted

The document has nothing to do with this post, which is just to memorialize my first post on an order by new EDTX Magistrate Judge Aileen Goldman Durrett, whose investiture I attended Friday afternoon in Sherman – at which she was recognized as having worked for the Eastern District longer than any of its judges, and at which I had one of these cookies. But if you insist, the attached report recommended that Defendant’s Motion to Compel Appraisal and Abate Litigation Pending the Outcome of Appraisal should be granted, and further recommended that the Parties should be COMPELLED to participate in appraisal in accordance with the contract and that the instant lawsuit and all future deadlines should be ABATED pending the outcome of the appraisal. Congratulations Judge Durrett!


Freedom to litigate in Texas is more like it. Judge Mazzant denied the defendants’ motion to transfer Freedom Patents’ case to Colorado, finding two factors weighed against transfer, one factor weighs very slightly against transfer, and five factors were neutral. “Finding no factors weigh toward transfer,” he concluded, “the Court finds DISH has not met its burden to demonstrate that the District of Colorado is clearly more convenient, and the Court declines to transfer this case to the District of Colorado.”