LOCAL 888, UNITED FOOD AND COMMERCIAL WORKERS v. NOVUS FINE CHEMICALS, LLC

Filing 7

ORDER that Plaintiff's 6 Motion for Default Judgment is denied without prejudice, etc. Plaintiff may refile a default judgment motion in compliance with this Courts Local Civil Rules, within 30 days of this order. Signed by Judge Esther Salas on 3/17/14. (gmd, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MARTIN LUTHER KING
COURTHOUSE
50 WALNUT ST.
ROOM 5076
NEWARK, NJ 07101
973-297-4887

CHAMBERS OF

ESTHER SALAS
UNITED STATES DISTRICT JUDGE

March 17, 2014
LETTER ORDER
Re:

Local 888, United Food and Commercial Workers v. Novus Fine
Chemicals, LLC
Civil Action No. 13-cv-02783 (ES)

Dear Counsel:
Pending before this Court is Plaintiff’s motion for default judgment. (D.E. No. 6).
Local Civil Rule 7.1 provides that “[n]o application will be heard unless the
moving papers and a brief, prepared in accordance with L.Civ.R. 7.2 . . . are filed with
the Clerk . . . .” L.Civ.R. 7.1(d)(1) (emphasis added). Local Civil Rule 7.1 further states
that “[i]n lieu of filing any brief . . . a party may file a statement that no brief is necessary
and the reasons therefor.” L.Civ.R. 7.1(d)(4). Plaintiff, however, has failed to file either
a brief or a statement that no brief is necessary. (See D.E. No. 6). Plaintiff’s default
judgment motion is therefore improper under the Local Civil Rules. See Developers Sur.
& Indemnity, Co., v. NDK Gen. Contractors, Inc., No. 06-0086, 2007 WL 542381, at *2
(D.N.J. Feb. 15, 2007) (“Because Plaintiff’s application [for default judgment] does not
meet the requirements of Local Civil Rule 7.1(d)(1), the Court will not hear Plaintiff’s
application.”).
Plaintiff’s motion is therefore denied without prejudice. Plaintiff may refile a
default judgment motion, in compliance with this Court’s Local Civil Rules, within thirty
(30) days of this order.
SO ORDERED.

s/Esther Salas
Esther Salas, U.S.D.J.