Evidence Adduced At "Prove Up" Hearing Cannot Cure A Deficient Complaint

The Fifth Circuit recently considered the pleading requirements to support a default judgment. In Wooten v. McDonald Transit Associates, No. 13–11035, 2015 U.S. App. LEXIS 28 (5th Cir. Jan 2, 2015), Wooten sued his employer alleging age discrimination and retaliation. The employer defaulted. The district court denied the employer's motion to set aside the default judgment.

Wooten's complaint contained very few factual allegations, but his testimony at the damages hearing provided evidence on the elements of his claim that were absent from his pleadings. The question before the court was whether such testimony could cure fatally deficient pleadings for the purpose of entering a default judgment.