Electrical Workers Insurance Fund et al v. Applied Building Technologies, Incorporated et al

Filing 22

ORDER denying 20 Plaintiffs' Renewed Motion for Default Judgment. Signed by District Judge George Caram Steeh. (MBea)

Electrical Workers Insurance Fund et al v. Applied Building Technologies, Incorporated et al

Doc. 22

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ELECTRICAL WORKERS' INSURANCE FUND, et al., Plaintiffs, vs. Case No. 10-10897 HON. GEORGE CARAM STEEH

APPLIED BUILDING TECHNOLOGIES, INC., a/k/a APPLIED BUILDING TECHNOLOGIES and a/k/a SECURTEC ELECTRONICS SYSTEMS, INC., Defendant. __________________________________/ ORDER DENYING PLAINTIFFS' RENEWED MOTION FOR DEFAULT JUDGMENT [#20] On August 12, 2010, plaintiffs filed a renewed motion for default judgment. On August 18, 2010, plaintiffs filed a request for clerk's entry of judgment by default pursuant to Federal Rule of Civil Procedure 55(b)(1). Rule 55(b)(1) states: (b) Entering a Default Judgment. (1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk­on the plaintiff's request with an affidavit showing the amount due­must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person. Fed. R. Civ. P. 55(b)(1). The clerk entered defendant's default on May 12, 2010. See Dkt. No. 12. Plaintiff has indicated a preference to pursue its request for clerks entry of

judgment. The court therefore denies and dismisses plaintiffs' August 12, 2010 renewed -1-

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motion for default judgment, so that the clerk may act on plaintiff's request for entry of judgment by default for a sum certain as contemplated by Rule 55(b)(1). IT IS HEREBY ORDERED that plaintiffs' renewed motion for default judgment is DENIED. SO ORDERED. Dated: September 1, 2010 S/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on September 1, 2010, by electronic and/or ordinary mail. S/Josephine Chaffee Deputy Clerk

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