KingLew Investments, Inc. et al v. United States Department of Agriculture Rural Development et al
Order DENYING 41 MOTION for Default Judgment as to filed by Lewis Giles, Jr. as set out. Signed by Chief Judge Kristi K. DuBose on 04/26/2021. (srd)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
UNITED STATES DEPARTMENT OF
AGRICULTURE RURAL DEVELOPMENT,)
CIVIL ACTION 2:20-00501-KD-N
This matter is before the Court on Plaintiff Lewis Giles' "Motion for Plaintiffs Request and
Requirement of Default Judgment" (Doc. 41).
The Federal Rules of Civil Procedure establish a two-part process for obtaining a default
judgment. Fed.R.Civ.P. 55. First, if “a party against whom a judgment for affirmative relief is sought
has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk
must enter the party's default.” Fed.R.Civ.P. 55(a). Second, after default has been entered, if the “claim
is for a sum certain or a sum that can be made certain by computation” the clerk must enter default
judgment. Fed.R.Civ.P. 55(b)(1). In all other circumstances “the party must apply to the court for a
default judgment.” Fed.R.Civ.P. 55(b)(2). A review of the record reveals that Giles has failed to first
obtain a Clerk's entry of default against any of the named defendants nor is there any basis to do so.
As such, Giles' motion is DENIED.
DONE and ORDERED this the 26th day of April 2021.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE
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