Gibbs v. United States of America et al

Filing 76

ORDER denying 72 Motion for entry of default. Signed by Magistrate Judge Thomas E. Morris on 9/28/2011. (DLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
M. EUGENE GIBBS,
Plaintiff,
vs.

CASE NO. 3:11-cv-75-J-34-TEM

UNITED STATES OF AMERICA,
et al.,
Defendants.
_____________________________________

ORDER
This case is before the Court on Plaintiff’s Request for Entry of Default (Doc. #72)
and the Defendants’ Response to Plaintiff’s Recent Filings (Doc. #74).
Upon due consideration, the Court has determined the request (Doc. #72) should
be denied. Under Rule 55(a), Fed. R. Civ. P., a clerk may enter a default when a party has
failed to plead or otherwise defend. In this case, the Defendant has filed a Motion to
Dismiss (Doc. #27), which is pending before the Court, so the Defendant has defended the
suit. Under Rule 12(a)(4), Fed. R. Civ. P., a party who has moved to dismiss is not
required to file an answer or responsive pleading until 14 days after the Court has ruled on
the motion to dismiss.
In addition, the Court has stayed discovery and relieved the parties from their
obligations to file a Case Management Report until resolution of Defendants’ Motion to
Dismiss Plaintiff’s Second Amended Complaint (Doc. #57).
Thus, the Court does not find Defendant in default.1

1

In addition, before a default judgment may be entered against the United States
(continued...)

DONE AND ORDERED at Jacksonville, Florida this 28th day of September, 2011.

Copies to all counsel of record
and pro se parties, if any

1

(...continued)
or its agencies, the claimant would have to establish a claim or right to relief by evidence
that satisfies the Court. Fed. R. Civ. P. 55(d).