HEGRENES et al v. NILSEN et al

Filing 43

ORDER denying 35 Motion for Default Judgment, to the refiling of same at the appropriate time. Signed by Judge Jose L. Linares on 2/28/17. (sr, )

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Civil Action No.: 16-2271 (JLL) JOHN HEGRENES, et al, Plaintiffs, ORDER V. MORTEN NILSEN, et al, Defendants. LINARES, District Judge. This matter comes before the Court by way of Plaintiffs’ motion for default judgment as against Defendants Orion Trading Institution, Orion Trading Management and Top Unit Management (the “Corporate Defendants”). (ECF No. 35). On May 18, 2016, the Clerk of Court entered default against these Defendants for their failure to plead or otherwise respond to the complaint. (ECF No. 9). Plaintiffs moved for default judgment as to the Corporate Defendants on February 2, 2017. (ECF No. 35). While the Court recognizes that Plaintiffs’ motion for default judgment is now ripe, at this time, the Court will deny Plaintiffs’ motion for default judgment without prejudice to the re-filing of same at a later date. That is, given that other Defendants (the “answering Defendants”) have timely answered Plaintiffs’ complaint (ECF No. 19) and that this case is therefore in the early stages of litigation, the Court finds it prudent to postpone any ruling on Plaintiffs’ motion for default judgment until such time as the claims against the answering Defendants have been resolved. At that time, the Court will have a better understanding of Plaintiffs’ prospective relief as against the Corporate Defendants. Accordingly, IT IS onthis ‘dayof ,2017 ORDERED that Plaintiffs’ motion for the entry of default judgment (ECF No.3 5) is hereby DENIED without prejudice to the refihing of same at the appropriate time. ITIS SO ORDERED. JO L. LII’JARES, U.S.D.J.

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