CMS Wireless LLC v. Fidelity & Deposit Company of Maryland et al

Filing 23

ORDER referring the 18 Motion for Default Judgment to the Clerk of the Court for consideration of entry of a Clerk's default. Signed by Judge Billy Roy Wilson on 11/3/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CMS WIRELESS, LLC
vs.

PLAINTIFF
4:11CV00755-BRW

FIDELITY & DEPOSIT COMPANY
OF MARYLAND, et al.

DEFENDANTS

ORDER
Pending is Plaintiff’s Motion for Default Judgment (Doc. No. 18) against separate
Defendants Crown Management, Inc., Crown Project Management, Inc., Prince & Associates, C.
Prince and Associates Consulting, Inc. (collectively the “Prince Entities”). The Court will treat
the motion as a Motion for Clerk’s Default pursuant to Rule 55(a) of the Federal Rules of Civil
Procedure.
Under Rule 55(a), the party seeking default judgment must have the Clerk of the Court
enter the default by showing that the opposing party has failed to plead or otherwise defend.
After default has been entered by the Clerk, the moving party may, under Rule 55(b), seek entry
of judgment on the default.
Plaintiff’s Motion for Default Judgment is referred to the Clerk of the Court for
consideration of entry of a Clerk’s default.
IT IS SO ORDERED this 3rd day of November, 2011

/s/Billy Roy Wilson
UNITED STATES DISTRICT. JUDGE