Progressive Northern Insurance Co. v. Carmona et al

Filing 87

ORDER that the Clerk of Court is directed to enter a default against defendant Edgar Carmona. Upon receiving notice that default has been so entered, the Court will consider defendant Rosa Lopez-Ramos's Unopposed Motion for Default Judgment 85 . Ordered by Judge John M. Gerrard. (JSF)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA PROGRESSIVE NORTHERN INSURANCE CO., 4:15-CV-3000 Plaintiff, ORDER vs. JOSE CARMONA, et al., Defendants. This matter is before the Court on the defendant Rosa Lopez-Ramos's Unopposed Motion for Default Judgment Against Edgar Carmona (filing 85). “[An] 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) (internal citation omitted). Defendant Lopez-Ramos has shown that Edgar Carmona has failed to plead or otherwise defend in this case. Accordingly, the Court will direct the Clerk of Court to enter a default against Edgar Carmona. Upon receiving notice that default has been so entered, the Court will consider defendant Lopez-Ramos's Unopposed Motion for Default Judgment. IT IS ORDERED: 1. The Clerk of Court is directed to enter a default against defendant Edgar Carmona. 2. Upon receiving notice that default has been so entered, the Court will consider defendant Rosa Lopez-Ramos's Unopposed Motion for Default Judgment (filing 85). Dated this 19th day of April, 2016. BY THE COURT: John M. Gerrard United States District Judge

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