Citizens Insurance Company of the Midwest v. Bender et al

Filing 28

ORDER Regarding Motions for Default Judgment as to Defendants Nancy Ferrier 14 and Catherine Bender 15 , 21 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CITIZENS INSURANCE CO.
OF THE MIDWEST,
Plaintiff,

CASE NO. 17-12340
HON. DENISE PAGE HOOD

v.
CATHERINE BENDER,
NANCY FERRIER,
AND DANIEL FERRIER,
Defendants.
/

ORDER REGARDING MOTIONS FOR DEFAULT JUDGMENT AS TO
DEFENDANTS NANCY FERRIER [#14] AND CATHERINE BENDER
[#15;#21]
On December 20, 2017, the Court held a hearing on Plaintiff Citizens
Insurance Company of the Midwest’s Motion for Default Judgment against
Defendant Nancy Ferrier (Doc # 14) and Plaintiff’s Motion for Default Judgment
against Defendant Catherine Bender (Doc # 15; Doc # 21). The Court will allow
both Defendant Nancy Ferrier and Defendant Catherine Bender to respond to the
Motions for Default Judgment against them respectively.
An Entry of Default under Rule 55 of the Federal Rules of Civil Procedure is
the first procedural step necessary to obtain a default judgment. Shepard Claims
Serv. Inc. v. Williams Darrah & Assoc., 796 F.2d 190, 193 (6th Cir. 1986). “When
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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.” Fed. R. Civ. P. 55(a). A default judgment may be
entered by the Clerk when the plaintiff’s claim is for a sum certain or a sum which
can be made certain, and the defendant is not an infant or an incompetent person.
Fed. R. Civ. P. 55(b)(1). The court may conduct an accounting, determine amount
of damages, establish the truth of any allegations by evidence, or investigate any
other matter. Fed. R. Civ. P. 55(b)(2).
Pursuant to Federal Rule of Civil Procedure 55(c), “the court may set aside
an entry of default for good cause” or under Rule 60(b). In determining whether to
set aside the default, the Court must consider (1) whether plaintiff will be
prejudiced, (2) whether defendant has a meritorious defense, and (3) whether
defendant’s culpable conduct led to the default. United States v. Coin Meter Co. v.
Seaboard Coastline R.R., 705 F.2d 839, 845 (6th Cir. 1983).
For the reasons stated on the record,
IT IS ORDERED that Plaintiff Citizens Insurance Company of the
Midwest’s Motion for Default Judgment against Defendant Nancy Ferrier (Doc #
14) is HELD IN ABEYANCE, and Plaintiff’s Motions for Default Judgment
against Defendant Catherine Bender (Doc # 15; Doc # 21) are HELD IN
ABEYANCE.
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IT IS FURTHER ORDERED that Defendants Nancy Ferrier and Catherine
Bender are each required to file a response to the Motions for Default Judgment by
January 26, 2018.
IT IS FURTHER ORDERED that the hearing regarding the Motions for
Default Judgment (Doc # 14; Doc # 15; Doc # 21) is RESCHEDULED to
Wednesday, January 31, 2018 at 2:00 p.m.

S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: December 21, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of
record on December 21, 2017, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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