Reed v. Arbor Professional Solutions

Filing 8

OPINION and ORDER Denying Plaintiff's 5 Motion for Default Judgment. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ARELIOUS REED,
Plaintiff,
Civil Case No. 17-10993
Honorable Linda V. Parker

v.
ARBOR PROFESSIONAL
SOLUTIONS,
Defendant.
_________________________________/

OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT
On February 28, 2017, Plaintiff initiated this pro se action against Defendant
in Michigan state court. Defendant removed Plaintiff’s Complaint to federal court
on March 29, 2017, asserting original jurisdiction pursuant to 28 U.S.C. § 1331
based on Plaintiff’s allegations that Defendant violated the federal Fair Debt
Collections Practices Act. On April 5, 2017, Plaintiff filed a motion for default
judgment pursuant to Rule 55 of the Federal Rules of Civil Procedure because
Defendant had not yet responded to the Complaint. (ECF No. 5.)
Defendant, however, moved for an extension of time to respond to Plaintiff’s
Complaint, which the Court granted in an April 6, 2017 order. Pursuant to that
order, Defendant’s responsive pleading is not due until April 19, 2017. Moreover,
a party should not request a default judgment before a default is first requested and

entered pursuant to Rule 55(a). Plaintiff’s request for a default judgment therefore
is premature.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for default judgment (ECF No. 5)
is DENIED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: April 13, 2017
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, April 13, 2017, by electronic and/or U.S.
First Class mail.
s/ Richard Loury
Case Manager