Blount v. Hodge

Filing 50

ORDER denying 48 Plaintiff's Motion for Default Judgment. Signed by Magistrate Judge James R. Klindt on 11/8/2018. (KLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
DEREK BLOUNT,
Plaintiff,
v.

Case No. 3:17-cv-733-J-39JRK

ESLY J. HODGE,
Defendants.
_______________________________
ORDER
Plaintiff’s Motion for Default Judgment (Doc. 48; Motion) is
DENIED. Plaintiff is proceeding on a Second Amended Complaint (Doc.
35), and Defendant filed a timely Motion to Dismiss (Doc. 36).
Thus, Defendant has not “failed to plead or otherwise defend” the
action. See Fed. R. Civ. P. 55(a). Moreover, to obtain a default
judgment, a party first must move for and obtain entry of a clerk’s
default. See Fed. R. Civ. P. 55(a), (b). Not only is a clerk’s
default not warranted, but Plaintiff’s assertion that a “default
has been entered against defendant Esly” is incorrect. See Motion
at 1.
DONE AND ORDERED at Jacksonville, Florida, this 7th day of
November, 2018.

Jax-6
c:
Derek Blount
Counsel of Record

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