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)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
MARK FAUGHN, et al.,
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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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