DIRECTV Inc v. Peppers

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
November 19, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-10272
Summary Calendar
DIRECTV, INC.,
Plaintiff-Appellee,
versus
CHARLTON PEPPERS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:03-CV-994-A
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Before DAVIS, SMITH and DENNIS, Circuit Judges
PER CURIAM:*
Charlton Peppers appeals following the entry of a default
judgment against him. The district court struck Peppers's four
attempts to file an answer to the complaint for failure to comply
with the local rules of civil procedure. Peppers argues that the
district court did not consider lesser sanctions before striking
his pleadings.
"Entry of a default judgment is an appropriate sanction when
the disobedient party has failed to comply with a court order

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No. 04-10272
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because of willfulness, bad faith, or other fault on its part, as
opposed to its inability to comply with the court's order."
Technical Chem. Co. v. IG-LO Prod. Corp., 812 F.2d 222, 224 (5th
Cir. 1987). The district court warned Peppers that the local rules
would be strictly enforced and repeatedly gave him opportunities to
correct the various deficiencies before striking the pleadings and
entering a default judgment. We conclude that the district court
did not abuse its discretion. See McLeod, Alexander, Powel &
Apffel, P.C. v. Quarles, 894 F.2d 1482, 1486 (5th Cir. 1990).
The appellee's motion for sanctions against Peppers pursuant
to FED. R. APP. P. 38 and 28 U.S.C. §§ 1912 and 1927 is DENIED.
AFFIRMED; SANCTIONS MOTION DENIED.

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