Adetayo v. Fed Loan Servicing et al

Filing 33

MEMORANDUM ORDER: The Motion for Default Judgment (D.I. 27 ) is DENIED as premature. Signed by Judge Richard G. Andrews on 3/23/2018. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ADETA YO ADES EYE,
Plaintiff,

v.

Civ. Action No. 17-1126-RGA

FED LOAN SERVICING, et al.,
Defendants.

MEMORANDUM ORDER

At Wilmington thii}'day of March, 2018, having considered Plaintiff's motion for
default judgment (D.I. 27);
IT IS ORDERED that the motion (D.I. 27) is DENIED as premature, for the
following reasons:
Plaintiff seeks a default judgment against the United States Department of
Education on the grounds that it has been served and has not appeared. Entry of
default judgment is a two-step process. (D.I. 27). See Fed. R. Civ. P. 55(a), (b). A
party seeking to obtain a default judgment must first request that the clerk of the court
"enter ... the default" of the party that has not answered the pleading or "otherwise
defend[ed]," within the time required by the rules or as extended by court order. Fed. R.
Civ. P. 55(a). Even if default is properly entered, the entry of judgment by default
pursuant to Rule 55(b)(2) is within the discretion of the trial court. Hritz v. Woma Corp.,
732 F.2d 1178, 1180 (3d Cir.1984).

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To date, there has been no entry of default. In addition, it does not appear that
the United States Department of Education has been properly served. See Fed. R. Civ.
P. 4(i). Default judgment is premature and, therefore, the motion is denied.

2