WILLIAMS v. KITA et al
ORDER that Plaintiff's motions for Default Judgment 7 and 8 are DENIED without prejudice to Plaintiff's right to refile if the Clerk enters default against any Defendant in this matter; Plaintiff's Motion for Summary Judgment is DENIED without prejudice to Plaintiff's right to refile at a later date with leave of Court; The Clerk of the Court shall terminate the aforementioned motions 7 and 8 . Signed by Magistrate Judge James B. Clark on 5/6/2015. (anr)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civ. No. 14-5762 (MCA)
SERGEANT KITA, et. al.
This matter having come before the Court by way of Plaintiff’s Motion for Summary
Judgment/Default [Dkt. No. 7] and Plaintiff’s Motion for Judgement by Default [Dkt. No. 8]
pursuant to Federal Rules of Civil Procedure 55 and 56;
and Federal Rule of Civil Procedure 55(b)(2) permitting the Court to enter default judgment
in civil actions;
and “[p]rior to obtaining a default judgment under either Rule 55(b)(1) or Rule 55(b)(2),
there must be an entry of default as provided by Rule 55(a)[,]” Nationwide Mut. Ins. Co. v.
Starlight Ballroom Dance Club, Inc., 175 F. App’x 519, 521 n.1 (3d Cir. 2006) (quoting 10A
Charles Alan Wright, et al., Federal Practice and Procedure § 2682, at 13 (3d ed. 1998)); see
Johnson v. N.J. Dep’t of Corrections, No. 11-5764, 2013 WL 1903269, at *1 n.1 (D.N.J. May 7,
2013) (“[D]efault judgment requires, and Plaintiff failed, to first obtain entry of default from the
Clerk of the Court”) (citation omitted);
and it appearing that Plaintiff failed to obtain entry of default from the Clerk of the Court
prior to moving for entry of default judgment;
IT IS on this 6th day of May, 2015,
ORDERED that Plaintiff’s motions for default judgment [Dkt. Nos. 7, 8] are DENIED
without prejudice to Plaintiff’s right to refile if the Clerk enters default against any Defendant in
this matter; and it is further
ORDERED that Plaintiff’s Motion for Summary Judgment is DENIED without
prejudice to Plaintiff’s right to refile at a later date with leave of Court1; and it is further
ORDERED that the Clerk of the Court terminate the aforementioned motions [Dkt. Nos.
s/ James B. Clark, III__________________
UNITED STATES MAGISTRATE JUDGE
Plaintiff filed a document captioned as a Motion for Summary Judgment [Dkt. No. 7]. The Court
finds that Plaintiff’s motion to be deficient. First, it is premature because Defendants have not
answered and discovery has yet to commence. Moreover, to the extent Plaintiff’s motion can be
construed as seeking summary judgment, it provides no brief, statement of material facts, or
exhibits and/or certifications supporting Plaintiff’s assertions as required by Local Civil Rules 7.1
and 56.1, and will therefore be denied.
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