Bain v. United States Department of the Treasury, Internal Revenue Service

Filing 46

MINUTE ORDER denying without prejudice 39 Plaintiff's Motion for Default Judgment. By Magistrate Judge Kristen L. Mix on 4/26/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02111-REB-KLM
MARGUERITE E. BAIN,
Plaintiff/Counterclaim Defendant,
v.
UNITED STATES DEPARTMENT OF THE TREASURY - INTERNAL REVENUE
SERVICE, and
ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER
OF THIS ACTION,
Defendants/Counterclaimants/Third-Party Plaintiffs,
v.
KEYBANK NATIONAL ASSOCIATION,
Third-Party Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Default Judgment [Docket
No. 39; Filed February 15, 2013] (the “Motion”). No response has been filed. In her
Motion, Plaintiff asks the Court to enter a default judgment pursuant to Fed. R. Civ. P.
55(b)(2). Motion [#39] at 1.
“[Federal] Rule [of Civil Procedure] 55 mandates a two-step process for a party who
seeks a default judgment in [her] favor.” Williams v. Smithson, 57 F.3d 1081, at *1 (10th
Cir. June 20, 1995) (unpublished table decision); U.S. Commodity Futures Trading Com’n
v. Trimble, Civil Action No. 11-cv-02887-PAB-KMT, 2013 WL 317576, at *1 (D. Colo. Jan.
28, 2013). First, the party seeking a default judgment must request an entry of default from
the Clerk of the Court under Fed. R. Civ. P. 55(a). Id. After default has been entered by
the Clerk, the party may seek default judgment pursuant to Fed. R. Civ. P. 55(b). Id. Here,
Plaintiff never sought entry of default pursuant to Fed. R. Civ. P. 55(a). Accordingly,
IT IS HEREBY ORDERED that the Motion [#39] is DENIED without prejudice.
Dated: April 26, 2013