Great American Insurance Company v. May et al
ORDER referring 16 Motion for Default Judgment, which the Court construes as a Motion for Clerk's Default, to the Clerk for a consideration of entry of a clerk's default. Signed by Judge Brian S. Miller on 5/4/11. (kpr)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
GREAT AMERICAN INSURANCE COMPANY
CASE NO. 4:10cv2036 BSM
JIMMY MAY, d/b/a Harrison Taekwondo
Center; TANA LEA MAY, d/b/a Harrison
Taekwondo Center; CHOONG SIL
TAEKWONDO FEDERATION, INC.;
ROBERT HARDIN; ALISON HARDIN;
and ASHLEY TROCK
Plaintiff Great American Insurance Company (“Great American”) moves for entry of
default judgment against separate defendant Jimmy May. [Doc. No. 16]. For the reasons set
forth below, the motion will be treated as a motion for a clerk’s default pursuant to Federal
Rule of Civil Procedure 55(a) and will be referred to the clerk of court.
Federal Rule of Civil Procedure 55 contemplates a two-step process for the entry of
default judgments. First, pursuant to Rule 55(a), the party seeking a default judgment must
have the clerk enter the default by submitting the required proof that the opposing party has
failed to plead or otherwise defend. Second, pursuant to Rule 55(b), the moving party may
seek entry of judgment on the default under either subdivision (b)(1) or (b)(2) of the rule. See
Dahl v. Kanawha Inv. Holding Co., 161 F.R.D. 673, 683 (N.D. Iowa 1995).
“Entry of default under Rule 55(a) must precede grant of a default judgment under
Rule 55(b).” Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 783 (8th Cir. 1998). See also
Hagen v. Sisseton-Wahpeton Cmty. College, 205 F.3d 1040, 1042 (8th Cir. 2000). In this
case, there has been no entry of default. In the event a clerk’s default is entered, Great
American will have to seek a default judgment as provided for in Rule 55(b).
Accordingly, Great American’s motion for default judgment [Doc. No. 16] will be
construed as a motion for clerk’s entry of default. The motion is referred to the clerk of the
court for consideration of entry of a clerk’s default.
IT IS SO ORDERED this 4th day of May, 2011.
UNITED STATES DISTRICT JUDGE
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