Burd v. Dr. Kohut

Filing 16

ORDER denying 14 Motion for Entry of Default. Signed by Magistrate Judge John Johnston on 12/19/2016. Mailed to Burd. (TAG)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION SHANE LOUIS BURD, CV 16-00088-H-DLC-JTJ Plaintiff, vs. ORDER DOCTOR KOHUT, Defendants. Plaintiff Shane Burd filed a Declaration for Entry of Default. (Doc. 14.) Mr. Burd alleges Defendants did not file a responsive pleading and it has been more than 70 days since Defendants were served. Rule 55 of the Federal Rules of Civil Procedure sets forth a two-step process regarding default judgments: (1) entry of default and (2) entry of default judgment. Neither are appropriate in this case. Rule 55(a) provides, “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.” In this case, the Clerk of Court was directed to send a request for waiver of service to Defendant on October 4, 2016. (Doc. 4.) Defendant filed a Waiver of Service on November 2, 2016, (Doc. 7) and timely filed an Answer to the -1- Complaint on December 5, 2016. (Doc. 8.) Since Defendant timely answered Mr. Burd’s Complaint, there is no basis for the entry of default or default judgment. Accordingly, the Court issues the following: ORDER Mr. Burd’s Declaration for Entry of Default (Doc. 14) is DENIED. DATED this 19th day of December 2016. /s/ John Johnston John Johnston United States Magistrate Judge -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?