DERP et al v. GASKINS-TIBERS

Filing 8

ORDERED that Pltf's 6 Motion for Default Judgment is DENIED W/OUT PREJUDICE to re-filing as it is procedurally premature. Signed by Chief Judge Jerome B. Simandle on 9/12/2012. (drw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

ROBERT DERP AND NICOLE
DERP,

Civil No. 12-1394 (JBS-KMW)

Plaintiffs,
ORDER
v.
YOLANDA M. GASKINS-TIBERS
Defendants.

Presently before the Court is the Plaintiffs Robert and
Nicole Derp's motion for default judgment against the Defendant
Yolanda M. Gaskins-Tibers.

[Docket Item 6.]

Pursuant to Fed. R.

Civ. P. 55, entry of default is a prerequisite to default
judgment.

"[N]o default judgment may be entered under either

Fed. R. Civ. P. 55(b)(1) or (b)(2) unless a default has
previously been entered by the clerk under Fed. R. Civ. P. 55(a).
Thus, the entry of default is an essential predicate to any
default judgment."

De Tore v. Jersey City Public Employees

Union, 511 F. Supp. 171, 178 (D.N.J. 1981).
No default has been entered against the Defendants.
Accordingly, the Plaintiff's motion for default judgment is
premature and will be denied.
WHEREFORE IT IS this
hereby

12th

day of September, 2012,

ORDERED that the Plaintiff's motion for default judgment is
DENIED without prejudice to re-filing as it is procedurally
premature.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
U.S. District Judge

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