Faughn et al v. JPMorgan Chase Bank, NA

Filing 50

ORDER denying 25 Plaintiffs Motion for Default Judgment. Signed on 3/30/15 by District Judge Brian C. Wimes. (Baldwin, Joella)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION MARK FAUGHN, et al., ) ) ) ) ) ) ) ) ) Plaintiffs, v. JPMORGAN CHASE BANK, NA, Defendant. Case No. 4:14-CV-00245-BCW ORDER Before the Court is Plaintiffs’ Motion for Default Judgment (Doc. #25). There are two stages in a default proceeding: (1) entry of default, and (2) entry of default judgment. Fed. R. Civ. P. 55. Entry of default is proper when a party fails to plead or “otherwise defend.” Id. at 55(a). Here, Chase has not failed to otherwise defend. Chase has filed a motion to claw back documents, has appeared at teleconferences, and complied with all court orders. See, e.g., Higgins v. Dankiw, No. 8:08CV15, 2008 WL 2565110, at *2-3 (D. Neb. June 24, 2008) (denying default and recognizing that the words “otherwise defend” presume the absence of affirmative action). Accordingly, it is hereby ORDERED Plaintiffs’ Motion for Default Judgment (Doc. #25) is DENIED. IT IS SO ORDERED. DATED: March 30, 2015 /s/ Brian C. Wimes JUDGE BRIAN C. WIMES UNITED STATES DISTRICT COURT

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