Federal Deposit Insurance Corporation v. Cobalt Partners, LLC et al

Filing 92

ORDER directing the Clerk to enter default on 88 Motion for Entry of Default. Signed by Judge J. Randal Hall on 7/17/15. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

FEDERAL DEPOSIT INSURANCE

CORPORATION,

*

as receiver for

*

First National Bank,

*
*

Plaintiff,

*
*

v.

*

CV 413-099

*

COBALT PARTNERS,
ALVAREZ;

LLC; ALBERTO

ADAM BEELER;

COOK, JR.;
WILLIAM M.
CHARLES K.

RODNEY M.

ALLEN C. HARPER;
TUTTLE, II; and
WERK,

*
*

*
*
*
*

Defendants.

*

ORDER

Before

the

Court

in

the

captioned

case

is

Plaintiff s

"Motion for Clerk's Entry of Default Judgment."1

(Doc.

88.)

Entry of default under Rule 55(a) has not been entered, which is

a prerequisite to a party obtaining a default judgment.
Charles Alan Wright, Arthur R. Miller & Mary Kay Kane,

Procedure

§

2682

(3d

ed.

1998) ("Prior

to

See 10A

Federal Practice and

obtaining

a

default

judgment under either Rule 55(b)(1) or 55(b)(2), there must be
an

entry

of

default

as

provided by

Rule

55(a).").

Because

Plaintiff has not yet received an entry of default, Plaintiff's
"Motion

for

Clerk's

Entry

of

Default

Judgment"

is

premature.

1
Although the present motion is docketed as a "Motion for Entry of
Default," a review of the motion, including its title, demonstrates that
Plaintiff seeks default judgment pursuant to Federal Rule of Civil Procedure
55(b)(1), not simply entry of default.

However, construing the motion as one seeking entry of default,
the

Court

finds

that

Defendant

Charles

Werk

copy of the summons and complaint on April
and has

within

failed to

the

DIRECTED

to

appear,

prescribed
ENTER

plead or

time

DEFAULT

Having entered default,

was

20,

otherwise

period.
against

served

2015

(doc.

defend the

Therefore,
Defendant

the

with

79),

action

Clerk

Charles

a

is

Werk.

Plaintiff may file an appropriate motion

for default judgment as a standalone entry on the docket.

ORDER ENTERED at Augusta, Georgia, this

/ r^ day of July,

2015.

L

HALL

IITED SPATES DISTRICT JUDGE
DISTRICT

OF GEORGIA