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)

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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 1 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 2

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