Saleh et al v. Department of Agriculture

Filing 17

ORDER, re 11 MOTION for Clerk's Entry of Default filed by Department of Agriculture, finding that the Clerk of the Court should consider the motion for a clerk's entry of default. Signed by Judge Susan Webber Wright on 9/20/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

DERHIM SALEH, doing business as
Danny’s Grocery, and WISAM
ANAAM, doing business as Danny’s
Grocery
Plaintiffs/Counter Defendants
V.
DEPARTMENT OF AGRICULTURE

Defendant/Counter Claimant

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NO: 3:11CV00033 SWW

ORDER
Before the Court is Plaintiff/Counter Defendants’ response in opposition to
Defendant/Counter Plaintiffs’ motion for entry of default with respect to the counterclaim filed
on May 13, 2011. Plaintiffs object to consideration of the motion and assert that the
counterclaim should be dismissed.
A clerk’s entry of default under Rule 55(a) of the Federal Rules of Civil Procedure may
be entered by the Clerk with regard to a claim for affirmative relief against a party who has
failed to plead or otherwise defend. Plaintiffs do not assert that the prerequisites for entry of
default under Rule 55(a) are absent, nor do they state a reason for failing to file a timely answer
or motion to dismiss.1 Accordingly, the Court finds that the Clerk of the Court should consider

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Before entering a default judgment, the Court must determine whether the facts plead
constitute a legitimate cause of action. See Thomson v. Wooster, 114 U.S. 104, 113, 5 S. Ct. 788
(1885). Accordingly, in the event that the Clerk of the Court determines that entry of default
under Rule 55(a) is proper, Plaintiffs will have an opportunity state their objections in a timely
response in opposition to a motion for default judgment.

Defendant/Counter Plaintiff’s motion for a clerk’s entry of default (docket entry #11).
IT IS SO ORDERED THIS 20TH DAY OF SEPTEMBER, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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