Branch v. Branch et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:25-CV-00475-KDB-DCK
WAYNE LESLIE BRANCH JR.,
Plaintiff,
v. MEMORANDUM AND ORDER
OCTAVIA MARIE BRANCH
AND CHRISTOPHER SHUN
JONES,
Defendants.
THIS MATTER is before the Court on Plaintiff’s Motion for Default Judgment (Doc. No.
12), Defendant Octavia Branch’s Motion to Set Aside Entry of Default (Doc. No. 17) and
Plaintiff’s Motion for Writ of Execution (Doc. No. 18). The Court has carefully considered these
motions and the relevant portions of the record. As briefly explained below, because of the Court’s
strong preference for deciding cases on the merits rather than by default, Octavia Branch’s motion
will be GRANTED, the entry of default set aside and Plaintiff’s motions will be DENIED.
Federal Rule of Civil Procedure 55(c) allows the Court to “set aside an entry of default for
good cause.” Fed. R. Civ. P. 55(c); Bethea v. Equifax Info. Servs., LLC, 813 F. Supp. 3d 581, 583
(W.D.N.C. 2025). While “good cause” is not defined in Rule 55(c), “a district court should
consider whether the moving party has a meritorious defense, whether it acts with reasonable
promptness, the personal responsibility of the defaulting party, the prejudice to the party, whether
there is a history of dilatory action, and the availability of sanctions less drastic.” Colleton
Preparatory Acad., Inc. v. Hoover Universal, Inc., 616 F.3d 413, 417 (4th Cir. 2010) (quoting
Payne ex rel. Estate of Calzada v. Brake, 439 F.3d 198, 204-05 (4th Cir. 2006)). Courts have “a
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strong preference that, as a general matter, defaults should be avoided and that claims and defenses
be disposed of on their merits.” Id. (citing Tazco, Inc. v. Director, Office of Workers Compensation
Program, U.S. Dep’t of Labor, 895 F.2d 949, 950 (4th Cir. 1990)); Jones v. Nat’l Ass’n U.S. Bank
Tr. Co., No. 5:23-CV-00203-KDB-DCK, 2024 WL 2870001, at *1 (W.D.N.C. June 6, 2024).
In this action, Plaintiff, who is incarcerated, alleges that his wife Octavia and Defendant
Christopher Jones (who has not yet been served) are liable for selling Plaintiff’s property,
committing adultery (alienation of affection and criminal conversation) and negligent and
intentional infliction of emotional distress. In turn, Ms. Branch tells the Court 1) that her failure to
respond to the Complaint was not willful, but due to “extraordinary and traumatic circumstances
beyond her control” (which she does not detail); 2) Plaintiff is awaiting trial on charges of her
attempted murder and this action is a continuation of Plaintiff’s harassment and intimidation and
3) that she otherwise has valid defenses on the merits. See Doc. No. 17 at 1.
While Ms. Branch’s response is mostly conclusory and lacks supporting details, the Court
finds that she has shown sufficient good cause for the entry of default to be set aside so that this
matter can be contested on the merits. With the entry of default set aside, Plaintiff’s motions are
moot and will be denied.
NOW THEREFORE IT IS ORDERED THAT:
1. Defendant Octavia Branch’s Motion to Set Aside Default (Doc. No. 17) is
GRANTED;
2. Plaintiff’s Motions for Default Judgment and a Writ of Execution (Doc. Nos. 12,
18) are DENIED as moot; and
3. Octavia Branch is directed to answer or otherwise respond to the Complaint within
21 days of the date of this Order.
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SO ORDERED ADJUDGED AND DECREED.
Signed: May 26, 2026
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