MERCADO v. TOYOTA FINANCIAL SERVICES INC. et al

Filing 16

ORDER dismissing without prejudice 12 Motion for Default Judgment. Signed by Judge Renee Marie Bumb on 11/1/2021. (tf, n.m.)

[Docket No. 12]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
MARIA ELENA MERCADO,
Plaintiff,
Civil No. 21-13631 (RMB/AMD)
v.
TOYOTA FINANCIAL SERVICES,
INC., et al.,

ORDER

Defendants.
RENÉE MARIE BUMB, United States District Judge
This matter comes before the Court upon Plaintiff Maria Elena Mercado’s
Motion for Default Judgment [Docket No. 12] and Defendants’ Opposition thereto
[Docket No. 15]. In order to obtain default judgment under FEDERAL RULE OF CIVIL
PROCEDURE 55(b), a plaintiff must first secure an entry of default from the Clerk of
the Court under Rule 55(a). Allaham v. Naddaf, 635 F. App’x 32, 36 (3d Cir. 2015).
Only after the Clerk of the Court has entered default may the plaintiff move for
default judgment pursuant to Rule 55(b)(2). FED. R. CIV. P. 55.
Here, Plaintiff has not secured entry of default from the Clerk of the Court.
Thus, her Motion for Default is premature. Therefore,
IT IS this 1st day of November 2021, hereby

ORDERED that Plaintiff’s Motion for Default Judgment [Docket No. 12] is
DISMISSED WITHOUT PREJUDICE as premature.
s/Renée Marie Bumb
Renée Marie Bumb
United States District Judge

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