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)

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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