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Revard v. Desilus — court denies default-judgment motion without prejudice

Reported / Citable

Case
Carla Revard and Rodney Tucker v. Enork Desilus, et al.
Court
U.S. District Court for the Eastern District of Texas
Judge
Robert W. Schroeder III
Date Decided
September 11, 2026
Docket No.
5:26-cv-00069-RWS-JBB
Topics
default judgment; wrongful death; negligence

Background

Carla Revard and Rodney Tucker sued Enork Desilus, Rollin’ R Trucking, LLC d/b/a One Cargo, and Freight United, Inc. on May 13, 2026. They asserted negligence, wrongful-death damages, and exemplary-damages claims arising from the August 7, 2025 death of Braden Paul Tucker.

The case was referred to U.S. Magistrate Judge J. Boone Baxter. On August 6, 2026, the magistrate judge recommended denying without prejudice the plaintiffs’ motion for default judgment against Rollin’ R Trucking, LLC. No party filed objections to that recommendation.

The Court’s Holding

District Judge Robert W. Schroeder III adopted the magistrate judge’s report and recommendation after reviewing it and finding its factual findings and legal conclusions correct.

The court denied without prejudice the plaintiffs’ motion for default judgment against the trucking defendant. The order leaves the plaintiffs able to refile the motion.

Key Takeaways

  • The court adopted an unopposed magistrate judge’s recommendation.
  • The plaintiffs’ default-judgment motion was denied without prejudice.
  • The ruling did not resolve the underlying negligence and wrongful-death claims.

Why It Matters

The order is procedural rather than a merits disposition. It preserves the plaintiffs’ ability to seek default judgment again against Rollin’ R Trucking, LLC while the broader action remains pending.

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