Corizon Health, Inc. v. Faulks

Filing 7

ORDER dismissing re 6 Motion for Entry of Default and Default Judgment by Corizon Health, Inc. Signed by Judge William T. Moore, Jr on 5/25/17. (loh)

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f t ^ L.. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA THERN DISTRICT OP '''^! SAVANNAH DIVISION C0RI20N HEALTH, INC., Plaintiff, CASE NO. CV417-012 M.D. CARL FAULKS, Defendant. ORDER Before Entry of "tpjrior this Default Court and is Plaintiff's Default to obtaining a Judgment. Request (Doc. for 6.) Clerk's However, default judgment under . . . Rule 55(b)(2), there must be an entry of default as provided by Rule 55(a)." lOA Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure ยง 2682 (3d ed. 1998); see also Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981).^ ^ The Second Circuit explained the full procedure for seeking default and default judgment as follows: The procedural steps contemplated by the Federal Rules of Civil Procedure following a defendant's failure to plead or defend as required by the Rules begin with the entry of a default by the clerk upon a plaintiff's request. Then, pursuant to Rule 55(c), the defendant has an opportunity to seek to have the default set aside. If that motion is not made or is unsuccessful, and if no hearing is needed to ascertain damages, judgment by default may be entered by the court or, if the defendant has not appeared, by the clerk. Finally, Rule 55(c) Fm J?;

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