Link v. Recovery Solutions Group LLC

Filing 11

ORDER denying without prejudice 10 Motion for Default Judgment. Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TERESA LINK,
Plaintiff,

Case No. 17-cv-10844

v.

Paul D. Borman
United States District Judge

RECOVERY SOLUTIONS
GROUP, L.L.C.,

Elizabeth A. Stafford
United States Magistrate Judge

Defendant.
_________________________/
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT (ECF NO. 10)
On September 5, 2017, Plaintiff filed a Motion to Enter Default Judgment and
to Prove Damages. (ECF No. 10.) Plaintiff’s motion for a default judgment is
procedurally improper because Plaintiff failed to first obtain a Clerk’s Entry of
Default pursuant to Fed. R. Civ. P. 55(a), which is a prerequisite to filing a motion for
default judgment under Fed. R. Civ. P. 55(b). See, e.g. Devlin v. Kalm, 493 F. App’x
678, 685-86 (6th Cir. 2012) (stating that it was “procedurally improper for Plaintiff
to move for entry of default judgment without first obtaining an entry of default from
the clerk” and noting that there must be a clerk’s entry of default as provided in Rule
55(a) prior to obtaining a default judgment under either Rule 55(b)(1) or Rule
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55(b)(2)).
Accordingly, the Court DENIES WITHOUT PREJUDICE Plaintiff’s Motion
for Default Judgment.
IT IS SO ORDERED.
s/Paul D. Borman
Paul D. Borman
United States District Judge
Dated: September 19, 2017

CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each
attorney or party of record herein by electronic means or first class U.S. mail on September 19,
2017.
s/Deborah Tofil
Case Manager

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