Nagim v. Walker et al

Filing 32

Minute ORDER denying without prejudice 30 Motion for Default Judgment by Magistrate Judge Kristen L. Mix on 03/03/11.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-02973-WYD-KLM RONALD J. NAGIM, Plaintiff, v. RAY WALKER, UNIVERSAL PERSONNEL, and ROD OLIVER, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Motion for Default Judgment [Docket No. 30; Filed March 2, 2011] (the "Motion"). IT IS HEREBY ORDERED that the Motion is DENIED without prejudice. First, pursuant to Fed. R. Civ. P. 55(a), default judgment is not an appropriate remedy unless Plaintiff has first moved for and obtained entry of default from the Clerk of Court. See Nagim v. Napolitano, No. 10-cv-00329, 2010 WL 2163646, at *1 (D. Colo. May 27, 2010) (unpublished decision) (noting that "[f]ailure to successfully complete the first step of obtaining an entry of default necessarily precludes the granting of default judgment at step two"). Entry of default has not been sought or granted here. Second, the Motion is based upon an incorrect premise that Defendant Oliver has failed to defend Plaintiff's lawsuit against him. Defendant Oliver filed a responsive pleading on February 28, 2011 [Docket No. 25]. Dated: March 3, 2011