Taylor et al v. Walmart, Inc.

Filing 65

ORDER DENYING 64 Motion for Default signed by Magistrate Judge Dennis L. Beck on 12/6/2011. (Figueroa, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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COREY TAYLOR; JOTASHA TAYLOR, ) 1:10cv01138 OWW DLB
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) ORDER DENYING MOTION FOR DEFAULT
Plaintiffs,
) (Document 64)
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v.
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WALMART, INC.,
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Defendant.
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Plaintiffs Corey Taylor and Jotasha Taylor (“Plaintiffs”) are proceeding pro se and in
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forma pauperis in this action. Plaintiffs filed their complaint upon which this action proceeds on
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June 24, 2010. Defendant Wal-Mart Stores, Inc., erroneously sued as Walmart Inc., filed its
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answer to the complaint on November 2, 2010. Now pending before this Court is Plaintiffs’
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motion for default judgment, which was filed on December 5, 2011.
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By the instant motion, Plaintiffs request entry of default against “Sue,” a former employee
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of Defendant Wal-Mart Stores, Inc., pursuant to Federal Rule of Civil Procedure 55. Plaintiffs
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claim that Sue failed to file an answer to the complaint. However, Sue is not named as a
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defendant and is not required to answer the complaint. Therefore, entry of default pursuant to
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Rule 55 is not appropriate because Sue is not a “party against whom a judgment for affirmative
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relief is sought.” Fed. R. Civ. P. 55(a). Moreover, contrary to Plaintiffs’ assertions, Defendant
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Wal-Mart Stores, Inc. was not required to submit an answer for Sue and it is not subject to an

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automatic default judgment against it for failure to do so.

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Based on the above, Plaintiffs’ motion for entry of default is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:
3b142a

December 6, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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