Pittman v. Experian Information Solutions, Inc. et al

Filing 135

ORDER Denying 132 Motion for Default Judgment. Signed by District Judge Victoria A. Roberts. (see image for deadlines and dates) (LVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HOWARD PITTMAN,
Plaintiff,

Case No. 14-13591
HON. VICTORIA A. ROBERTS

v.
EXPERIAN INFORMATION
SOLUTIONS, et al.
Defendants.
____________________________/
ORDER DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT
AS TO iSERVE SERVICING, INC.
Plaintiff Howard Pittman seeks to collect damages arising from
Defendant iServe’s alleged violation of the Fair Credit Reporting Act, 15
U.S.C. § 1681 et seq.
On December 18, 2018, Magistrate Judge Stephanie Dawkins Davis
scheduled a settlement conference. The order required that the conference
be attended by trial counsel and an authorized representative of each party,
unless expressly excused by the Court. The order cautioned “[f]ailure to
produce the appropriate person(s) at the conference may result in an award
of costs and attorney fees incurred by the other parties in connection with
the conference and/or other sanctions against the noncomplying party and/or
counsel.” [ECF No. 125, PageID.2746].
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No company representative for Defendant iServe appeared at the
settlement conference. This is the basis of Pittman’s motion; he seeks the
sanction of a default judgment against iServe.
I.

ANALYSIS
The first procedural step before a party can get a default judgment is

entry of default under Fed. R. Civ. P. 55(a). Shepard Claims Serv. Inc. v.
Williams Darrah & Assoc., 796 F.2d 190, 193 (6th Cir. 1986). Pittman failed
to obtain a clerk’s entry of default against Defendant iServe. Heard v.
Caruso, 351 Fed.Appx. 1, 15-16 (6th Cir. 2009) (“Prior to obtaining a default
judgment under either Rule 55(b)(1) or Rule 55(b)(2), there must be an entry
of default as provided by Rule 55(a).”) (quoting 10A Charles Alan Wright,
Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2682,
at 13 (3rd ed. 1998)). See also Fed. R. Civ. P. 55(a) (“When a party against
whom a judgment for affirmative relief is sought has failed to plead or
otherwise defend, and that failure is shown by affidavit or otherwise, the clerk
must enter the party’s default”.).
II.

CONCLUSION
Pittman must obtain a clerk’s entry of default before the Court can enter

a default judgment.

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The Court DENIES Plaintiff’s Motion for Default Judgment without
prejudice.
Plaintiff must request a clerk’s entry of default by Friday, November 1,
2019. After that entry is obtained, he must file his motion for default judgment
within seven (7) days. If Plaintiff fails to comply with either of these deadlines,
his claims against iServe will be dismissed with prejudice. No extensions will
be given.
IT IS ORDERED.

Dated: October 25, 2019

s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge

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