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
ยง
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
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