American Family Mutual Insurance Company v. Waters et al

Filing 13

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff shall file motions for clerks entry of default against Defendants Mark A. Thomeczek and Jonathan L. Waters no later than April 23, 2018. (Response to Court due by 4/23/2018.) Signed by Magistrate Judge Nannette A. Baker on 4/11/18. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
AMERICAN FAMILY MUTUAL
INSURANCE COMPANY,
Plaintiff,
v.
JONATHAN L. WATERS, et al.,
Defendants.

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Case No. 4:18-CV-284 NAB

MEMORANDUM AND ORDER
This matter is before the Court on review of the file. On March 29, 2018, this Court
ordered Plaintiff American Family Mutual Insurance Company to file motions for entry of
default and default judgment against Defendants Mark A. Thomeczek and Jonathan L. Waters.
[Doc. 8.] On April 2, 2018, Plaintiff filed motions for default judgment, but not for clerk’s entry
of default. “When a party has failed to plead or otherwise defend against a pleading listed in
Rule 7(a), entry of default under Rule 55(a) must precede grant of a default judgment under Rule
55(b).” Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 783 (8th Cir. 1998). Therefore, the
Court will order Plaintiff to file motions for clerk’s entry of default against Defendants Mark A.
Thomeczek and Jonathan L. Waters no later than April 23, 2018.

Accordingly,
IT IS HEREBY ORDERED that Plaintiff shall file motions for clerk’s entry of default
against Defendants Mark A. Thomeczek and Jonathan L. Waters no later than April 23, 2018.

Dated this 11th day of April, 2018.

/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

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