Cincinnati Insurance Company, The. v. Enjoy Life Natural Brands, LLC et al

Filing 19

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion for default judgment # 15 is denied without prejudice. Signed by District Judge Rodney W. Sippel on 5/27/15. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CINCINNATI INS. CO.,
Plaintiff,
vs.
ENJOY LIFE NATURAL BRANDS,
LLC, et al.,
Defendants.

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Case No. 4:15CV560 RWS

MEMORANDUM AND ORDER
This matter is before me on plaintiff’s motion for default judgment against defendant
Enjoy Life Natural Brands for failure to plead or defend. The Clerk of the Court entered default
against this defendant under Fed. R. Civ. P. 55(a) on May 26, 2015. However, as there is a
defendant remaining in this case, this Court can enter a final default judgment against defendant
Enjoy Life only if it “expressly determines that there is no just reason for delay.” Fed. R. Civ.
R. 54(b). As plaintiff’s motion makes no attempt to meet this standard, it will be denied without
prejudice. The entry of default remains in effect, and plaintiff may seek final default judgment
against defendant Enjoy Life at the conclusion of the case, or earlier, by filing an appropriate
motion. Accordingly,
IT IS HEREBY ORDERED that the motion for default judgment [#15] is denied
without prejudice.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 27th day of May, 2015.