MCA Ventures, LLC v. Keppel Brothers, LLC et al

Filing 10

MEMORANDUM AND ORDER denying 9 Motion for Default Judgment. Plaintiff has not applied to the Clerk for entry of default, and it therefore may not yet seek a default judgment under Rule 55(b). Signed by District Judge John W. Lungstrum on 11/27/2017. (ses)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS MCA VENTURES, LLC, ) ) Plaintiff, ) ) v. ) ) KEPPEL BROTHERS, LLC, ) TH d/b/a 5 WHEEL PLACE RV CENTER; ) and KEVIN H. KEPPEL, ) ) Defendants. ) _______________________________________) Case No. 17-2569-JWL MEMORANDUM AND ORDER Plaintiff has moved for default judgment pursuant to Fed. R. Civ. P. 55 against both defendants (Doc. # 9), based on defendants’ failure to respond to the complaint on or before the extended deadline of November 20, 2017. The Court denies the motion. Rule 55(b) allows for a default judgment only if default has first been entered against the defendant by the Clerk of Court under Rule 55(a). See Fed. R. Civ. P. 55; Federal Ins. Co. v. Cessna Aircraft Co., 2017 WL 2905576, at *1 (D. Kan. July 7, 2017) (Lungstrum, J.) (citing authorities). Plaintiff has not applied to the Clerk for entry of default, and it therefore may not yet seek a default judgment under Rule 55(b). IT IS SO ORDERED. Dated this 27th day of November, 2017, in Kansas City, Kansas. s/ John W. Lungstrum John W. Lungstrum United States District Judge __

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