Ronaldo Designer Jewelry, Inc. v. Prinzo

Filing 96

ORDER denying without prejudice 95 Motion for Default Judgment Signed by Honorable David C. Bramlette, III on 1/31/2017 (ECW)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION RONALDO DESIGNER JEWELRY, INC. VS. PLAINTIFF CIVIL ACTION NO. 5:14-cv-73(DCB)(MTP) PHILLIP PRINZO DEFENDANT ORDER This cause is before the Court on the plaintiff’s Motion for Default Judgment (docket entry 95). The defendant has failed to respond to the motion within 14 days as required by Rule 7(b)(4) of the Local Uniform Civil Rules of this Court. However, before moving for default judgment, the plaintiff must first obtain an entry of default from the Clerk of Court. Although an entry of default was entered by the Clerk on September 3, 2015, the entry was vacated by the Court on February 5, 2016. Therefore, the plaintiff’s present motion shall be denied without prejudice so that the plaintiff may first obtain an entry of default. Accordingly, IT IS HEREBY ORDERED that the plaintiff’s Motion for Default Judgment (docket entry 95) is DENIED WITHOUT PREJUDICE. SO ORDERED, this the 31st day of January, 2017. /s/ David Bramlette UNITED STATES DISTRICT JUDGE

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