REARDON v. SEGAL et al

Filing 42

MEMORANDUM OPINION & ORDER denying 27 Motion for Default Judgment. Signed by Judge Noel L. Hillman on 3/18/16. (js)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

JOHN E. REARDON,
Plaintiff,

CIVIL NO. 15-244(NLH/JS)

v.
MEMORANDUM OPINION & ORDER
VINCENT SEGAL, et al.,
Defendants.

Appearances:
JOHN E. REARDON
1 JOANS LANE
BERLIN, NJ 08009
Pro Se Plaintiff
BRIAN P. WILSON
STATE OF NEW JERSEY
OFFICE OF THE ATTORNEY GENERAL
DIVISION OF LAW
25 MARKET STREET
P.O. BOX 116
TRENTON, NJ 08625
Attorney for Defendants
HILLMAN, District Judge
This matter having come before the Court on plaintiff’s
motion for default judgment [27]; and
Plaintiff requesting the entry of default judgment against
unspecified defendants on all his claims; but
The Court noting that under Federal Civil Procedure Rule 55,
obtaining a default judgment is a two-step process: first, when a
defendant has failed to plead or otherwise respond, a plaintiff
must request the entry of default by the Clerk of the Court, Fed.

R. Civ. P. 55(a), and second, after the Clerk has entered the
party’s default, a plaintiff may then obtain a judgment by default
by either (1) asking the Clerk to enter judgment, if the judgment
is a sum certain, or (2) applying to the Court, 1 Fed. R. Civ. P.
55(b); Sourcecorp Inc. v. Croney, 412 F. App'x 455, 458 (3d Cir.
2011); but
The Court finding that plaintiff has by-passed the first step
of the process;
Therefore,
IT IS on this

18th

day of

March

, 2016

ORDERED that plaintiff’s motion for the entry of default
judgment [27] be, the same hereby is, DENIED.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey
1The

Court also notes that if plaintiff obtains a Clerk’s
entry of default against defendants, and then refiles his current
motion for default judgment, he must do more than demonstrate that
defendants have failed to appear in the action. See Franklin v.
National Maritime Union of America, (MEBA/NMU), Civ. No. 91-480,
1991 WL 131182, *1 (D.N.J. July 16, 1991) (quoting 10 Wright,
Miller & Kane, Federal Practice and Procedure § 2685 (1983))
(explaining that when considering an application for entry of a
default judgment under Rule 55(b)(2), the Court is “required to
exercise ‘sound judicial discretion’ in deciding whether the
judgment should be entered [and] ‘[t]his element of discretion
makes it clear that the party making the request is not entitled
to a default judgment as of right, even when defendant is
technically in default and that fact has been noted under Rule
55(a)’”); Comdyne I. Inc. v. Corbin, 908 F.2d 1142, 1149 (3d Cir.
1990) (explaining that even though by virtue of defendant's
default, every "well-plead allegation" of the complaint, except
those relating to damages, are deemed admitted, a plaintiff must
articulate the substantive legal basis for a finding in its
favor).
2