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)

Download PDF
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. 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?