Safeco Insurance Company of America v. EMC Mortgage LLC et al
Filing
22
ORDER denying without prejudice 21 Motion for Default Judgment as to Wayne Nolette. So Ordered by Chief Judge Joseph N. Laplante.(jb)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Safeco Insurance Company of
America
v.
Civil No. 11-cv-226-JL
JP Morgan Chase Bank, N.A.
and Wayne Nolette
SUMMARY ORDER
Before the court is plaintiff Safeco Insurance Company of
America’s Motion for Entry of Default Judgment against defendant
Wayne Nolette.
The claims against Nolette’s co-defendant JP Morgan Chase
Bank, N.A. remain pending before the court, as does JP Morgan
Chase’s crossclaim against Nolette.
As a result, Safeco’s motion
for default judgment is governed by Federal Rule of Civil
Procedure 54(b), which provides that “the court may direct entry
of a final judgment as to one or more, but fewer than all, claims
or parties only if the court expressly determines that there is
no just reason for delay.”
See Villalobos v. Deutsche Bank Nat'l
Trust Co., No. 09-cv-1450, 2011 WL 2415543, *1 (W.D. Wash. June
14, 2011) ("Rule 54 applies to all final judgments, including
default judgments."); Amer. Fam. Mut. Ins. Co. v. Coleman, No.
09-cv-523, 2009 WL 4015521, *1-2 (S.D. Ill. Nov. 19, 2009)
(holding that request for default judgment while claims against
co-defendants remained pending was governed by Rule 54(b)).
Safeco’s motion does not address whether there is “no just reason
for delay” in this case.
In the absence of any argument on this
point, the court is loath to enter a default judgment against
Nolette, particularly given the Court of Appeals’ instruction
that “Rule 54(b) should be employed with great circumspection.”
Gonzales Figueroa v. J.C. Penney Puerto Rico, Inc., 568 F.3d 313,
318 n.3 (1st Cir. 2009).
For the foregoing reasons, the court DENIES the motion
(document no. 21) without prejudice.
Safeco may reapply for
default judgment against Nolette when all claims involving all
parties have been resolved, or upon a showing that there is “no
just reason for delay” under Rule 54(b).
SO ORDERED.
____________________________
Joseph N. Laplante
United States District Judge
Dated:
cc:
December 19, 2011
James F. Ogorchock, Esq.
Courtney H.G. Herz, Esq.
Joseph Patrick Kennedy, Esq.
Mary Ellen Manganelli, Esq.
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