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)

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 § 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?;