Westmoreland v. Deer Dancer Ranch

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DALE WESTMORELAND,
Plaintiff,
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v. 	CIVIL ACTION NO. 4:25-cv-5571
DEER DANCER RANCH,
Defendant.
MEMORANDUM AND RECOMMENDATION
Pending before the Court1 are Jensen Ranches, Inc.’s (“Movant”) Motions
to Set Aside Entry of Default. (ECF Nos. 9–10). 	On April 7, 2026, the
Undersigned held an initial conference where Plaintiff acknowledged that he
is unopposed to the pending motions being granted. 	As such, the Court
RECOMMENDS Movant’s Motions to Set Aside Entry of Default (ECF Nos.
9–10) be GRANTED. 	See Harris v. Equifax Info. Services, LLC, No. 4:25-cv-
807, 	2025 	WL 	3221610, 	at 	*1 	(N.D. 	Tex. 	Oct. 	30, 	2025), 	report 	and
recommendation adopted, No. 4:25-cv-807, 2025 WL 3218985 (N.D. Tex. Nov.
18, 2025) (“An order granting a motion to set aside a default is a dispositive
order to which the undersigned may only make a recommendation to the
1 This case was referred to the Undersigned for all purposes pursuant to 28 U.S.C.
§ 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 15).
United States District Court
Southern District of Texas
ENTERED
April 07, 2026
Nathan Ochsner, Clerk
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district judge.”) (citing Parks v. Collins, 761 F.2d 1101, 1105–06 (5th Cir.
1985)).
The Clerk shall send copies of this Memorandum and Recommendation
to the respective parties who have fourteen days from the receipt thereof to file
written objections thereto pursuant to Federal Rule of Civil Procedure 72(b)
and General Order 2002-13. Failure to file written objections within the time
period mentioned shall bar an aggrieved party from attacking the factual
findings and legal conclusions on appeal.
SIGNED in Houston, Texas on April 7, 2026.
______________________________
Richard W. Bennett
United States Magistrate Judge
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