Rivera v. Unitedhealth Group, Incorporated et al

Filing 24

ORDER: Plaintiff's Motion for Default Judgment Against Defendant Optum Bank, Inc. (Doc. # 23 ) is DENIED WITHOUT PREJUDICE AS PREMATURELY ASSERTED. Signed by Judge Virginia M. Hernandez Covington on 10/19/2017. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
IVETTE RIVERA,
Plaintiff,
v.

Case No.

8:17-cv-1409-T-33TBM

UNITED HEALTH GROUP, INC. and
OPTUM BANK, INC.,
Defendants.
________________________________/
ORDER
This matter comes before the pursuant to Plaintiff’s Motion
for Default Judgment Against Defendant Optum Bank, Inc. (Doc. #
23), which was filed on October 18, 2017.

The Court denies the

Motion without prejudice as prematurely filed.
Local Rule 1.07(b), M.D. Fla., specifies:
When service of process has been effected but no
appearance or response is made within the time and
manner provided by Rule 12, Fed. R. Civ. P., the party
effecting service shall promptly apply to the Clerk
for entry of default pursuant to Rule 55(a), Fed. R.
Civ. P., and shall then proceed without delay to apply
for a judgment pursuant to Rule 55(b), Fed. R. Civ.
P., failing which the case shall be subject to
dismissal sixty (60) days after such service without
notice and without prejudice; provided, however, such
time may be extended by order of the Court on
reasonable application with good cause shown.
Local Rule 1.07(b), M.D. Fla. (emphasis added).
Here, Plaintiff seeks entry of a default judgment, but she
has not yet filed an application to the Clerk for Entry of a
Clerk’s Default under Rule 55(a).

Plaintiff should obtain a

Clerk’s Default as to Optum Bank before seeking entry of a
default judgment against Optum Bank.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Plaintiff’s Motion for Default Judgment Against Defendant
Optum Bank, Inc. (Doc. # 23) is DENIED WITHOUT PREJUDICE AS
PREMATURELY ASSERTED.
DONE and ORDERED in Chambers, in Tampa, Florida, this 19th
day of October, 2017.

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