Metropolitan Life Insurance Company v. Johnson et al

Filing 25

MINUTE ORDER; Defendant George Johnsons Unopposed Motion For Clerks Entry of Default Pursuant to Fed.R.Civ.P. 55(a) and For Default Judgment Pursuant to Fed.R.Civ.P. 5(b) Against Co-Defendants Jamie Johnson and JenniferJohnson 22 is DENIED without prejudice, by Magistrate Judge Kristen L. Mix on 9/2/14.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00811-KLM
METROPOLITAN LIFE INSURANCE COMPANY,
Plaintiff,
v.
GEORGE H. JOHNSON,
JAMIE JOHNSON, and
JENNIFER JOHNSON,
Defendants.
______________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant George Johnson’s Unopposed Motion
For Clerk’s Entry of Default Pursuant to Fed.R.Civ.P. 55(a) and For Default Judgment
Pursuant to Fed.R.Civ.P. 5(b) Against Co-Defendants Jamie Johnson and Jennifer
Johnson [#22]1 (the “Motion”). No response has been filed. In his Motion, Defendant
George Johnson asks the Clerk of the Court to enter default against Defendants Jamie
Johnson and Jennifer Johnson pursuant to Fed. R. Civ. P. 55(a) and asks the Court to
enter a default judgment pursuant to Fed. R. Civ. P. 55(b)(2). Motion [#22] at 1.
On August 29 ,2014, the Clerk of the Court entered his Note Regarding Default [#23]
stating that “[d]efault will not be entered as to Jamie Johnson [and] Jennifer Johnson . . .
as[ ] the affidavit or declaration required by Fed. R. Civ. P. 55 was not filed . . . .” Clerk’s
Note Regarding Default [#23]. “[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F.3d 1081, at *1 (10th Cir. June 20, 1995) (unpublished table decision); U.S. Commodity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, 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.

1

“[#22]” is an example of the convention I use to identify the docket number assigned to
a specific paper by the Court’s case management and electronic case filing system (CM/ECF). I
use this convention throughout this Minute Order.

1

55(b). Id. Here, the Clerk has not entered default pursuant to Fed. R. Civ. P. 55(a).
Accordingly, the Court cannot enter a default judgment pursuant to Fed. R. Civ. P. 55(b).
Therefore,
IT IS HEREBY ORDERED that the Motion [#22] is DENIED without prejudice.
Dated: September 2, 2014

2