CADIM Note Inc. v. Southern New Hampshire Hospitality, LLC et al
WRITTEN ORDER denying without prejudice 92 Motion for Default Judgment. So Ordered by Judge Joseph N. Laplante.(cmp)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
AFP 105 Corp.
Civil No. 11-cv-44-JL
Southern New Hampshire
Anthony DiLorenzo, and
This matter is before the court on plaintiff AFP 105 Corp.’s
Motion for Default Judgment Against Kevin Bowden.
served with process on April 5, 2011, but has not pled or
otherwise defended this action.
The Clerk of Court therefore
entered default against him on June 9, 2011.
The claims against Bowden’s co-defendants Southern New
Hampshire Hospitality Investors, LLC, Southern New Hampshire
Hospitality, LLC, and Anthony Dilorenzo remain pending before the
court, as do the co-defendants’ counterclaims.
As a result, AFP
105's motion for default judgment is governed by Federal Rule of
Civil Procedure 54(b), which provides that “the court may direct
entry of a final judgment as to one or more, but fewer than all,
claims or parties only if the court expressly determines that
there is no just reason for delay.”
See Villalobos v. Deutsche
Bank Nat'l Trust Co., No. 09-cv-1450, 2011 WL 2415543, *1 (W.D.
Wash. June 14, 2011) ("Rule 54 applies to all final judgments,
including default judgments."); Amer. Fam. Mut. Ins. Co. v.
Coleman, No. 09-cv-523, 2009 WL 4015521, *1-2 (S.D. Ill. Nov. 19,
2009) (holding that request for default judgment while claims
against co-defendants remained pending was governed by Rule
AFP 105's motion does not address whether there is “no
just reason for delay” in this case.
Under these circumstances,
and in the absence of any argument on that point, the court
declines to enter a default judgment against Bowden, particularly
given the Court of Appeals’ instruction that “Rule 54(b) should
be employed with great circumspection.”
Gonzales Figueroa v.
J.C. Penney Puerto Rico, Inc., 568 F.3d 313, 318 n.3 (1st Cir.
For the foregoing reasons, the court DENIES the motion
(document no. 92) without prejudice.
AFP 105 Corp. may reapply
for default judgment against Bowden when all claims involving all
parties have been resolved, or upon a showing that there is “no
just reason for delay” under Rule 54(b).
Joseph N. Laplante
United States District Judge
October 7, 2011
Adam B. Pignatelli, Esq.
Sherilyn B. Young, Esq.
Jason A. Manekas, Esq.
Peter B. McGlynn, Esq.
Amato J. Bocchino, Jr., Esq.
Michael J. Scott, Esq.
Armando E. Batastini, Esq.
Brian D. Duffy, Esq.
Gordon J. MacDonald, Esq.