Allen v. Equifax Information Services, LLC et al

Filing 17

ORDER denying 9 Motion for Default Judgment. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATE DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROGER ALLEN,
Plaintiff,
vs

Case No: 14-12219
Honorable Victoria A. Roberts

EQUIFAX INFORMATION SERVICES, LLC, and,
EXPERIAN INFORMATION SOLUTIONS,
Defendants.
____________________________________/
ORDER DENYING MOTION FOR DEFAULT JUDGMENT (DOC # 9)
On July 18, 2014, Plaintiff filed a motion for default judgment under Fed.R.Civ.P.
55 against Defendants.
Prior to seeking a default judgment, Plaintiff must first obtain an entry of default
from the clerk of court; he did not. An entry of default is distinct from entry of a default
judgment. O.J. Distrib., Inc. v. Hornell Brewing Co., Inc., 340 F.3d 345, 353 (6th
Cir.2003). Although Plaintiff requested that entry of default be granted after this motion
was filed, it does not cure his procedural error because the clerk declined to enter
default. See Brantley v. Runyon, No. C-1-96-842, 1997 WL 373739, at *1 (S .D. Ohio
June 19, 1997) (“In order to obtain a default judgment under Rule 55(b)(2), there must
first be an entry of default as provided by Rule 55(a).”). Plaintiff’s motion is premature.
The motion is also premature because the record shows that Plaintiff requested,
but Defendants have not yet been served by the Marshals. “Rule 55 permits the clerk to
enter a default when a party fails to defend an action as required. The court may then
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enter default judgment.“ Weiss v. St. Paul Fire & Marine Ins. Co ., 283 F.3d 790, 794
(6th Cir.2002).
Because Plaintiff’s Complaint has not been served and an entry of default
judgment has not been granted, the Court DENIES Plaintiff’s motion for default
judgment.
IT IS ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: August 12, 2014
The undersigned certifies that a copy of this
document was served on the attorneys of
record and Roger Allen by electronic means
or U.S. Mail on August 12, 2014.
S/Carol A. Pinegar
Deputy Clerk

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