TURNER v. RODGER et al

Filing 35

ORDER denying without prejudice Plaintiff's 22 Motion for Summary Judgment and 28 Motion for Default Judgment. Signed by Judge Robert B. Kugler on 3/7/2017. (TH, )

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  NOT FOR PUBLICATION (Doc. Nos. 22, 28) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE ___________________________________ : TIMOTHY A. TURNER, : : Civil No. 15-5499 (RBK/KMW) Plaintiff, : : ORDER : : : v. : : M. RODGER, et al. : : Defendants. : ___________________________________ : KUGLER, United States District Judge: THIS MATTER having come before the Court upon Plaintiff’s Motion for Partial Summary Judgment (Doc. No. 22) and Plaintiff’s Motion for Default Judgment (Doc. No. 28), and the Court having considered the unopposed moving papers; THE COURT NOTING that Federal Rule of Civil Procedure 5(a)(1)(D) requires service of any “written motion, except one that may be heard ex parte” with limited exceptions; and THE COURT FURTHER NOTING that Federal Rule of Civil Procedure 5(a)(2) states that “[n]o service is required on a party who is in default for failing to appear”; and THE COURT OBSERVING no indication that Defendants were served with Plaintiff’s Motion for Partial Summary Judgment; and THE COURT FURTHER OBSERVING that the Clerk of Court has not entered default against Defendants under Federal Rule of Civil Procedure 55(a); and 1    THE COURT FURTHER NOTING that entry of default judgment necessarily requires a prior entry of default. IT IS HEREBY ORDERED that Plaintiff’s Motion for Partial Summary Judgment is DENIED WITHOUT PREJUDICE for noncompliance with Federal Rule of Civil Procedure 5. IT IS HEREBY FURTHER ORDERED that Plaintiff’s Motion for Default Judgment is DENIED WITHOUT PREJUDICE. Dated: 03/07/2017 s/ Robert B. Kugler ROBERT B. KUGLER United States District Judge 2 

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