Topp v. Lone Tree Athletic Club

Filing 17

MINUTE ORDER denying without prejudice 15 Motion for Default Judgment by Magistrate Judge Kristen L. Mix on 09/26/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01645-WYD-KLM
BRIAN TOPP,
Plaintiff,
v.
LONE TREE ATHLETIC CLUB,
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. 15; Filed September 26, 2013] (the “Motion”). In his Motion, Plaintiff asks the Court to
enter a default judgment against Defendant pursuant to Fed. R. Civ. P. 55(b)(2). Motion
[#15] at 1.
“[Federal] Rule [of Civil Procedure] 55 mandates a two-step process for a party who
seeks a default judgment in his 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June 20, 1995) (unpublished table decision); U.S. Commodity Futures Trading Com’n v.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 pursuant to 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 [#15] is DENIED without prejudice.
Dated: September 26, 2013