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, )

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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.   

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