Filing 10

LETTER-ORDER denying w/out prejudice 9 Motion for Default Judgment. Signed by Judge Esther Salas on 7/11/17. (DD, )

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHAMBERS OF MARTIN LUTHER KING COURTHOUSE 50 WALNUT ST. ROOM 5076 NEWARK, NJ 07101 973-297-4887 ESTHER SALAS UNITED STATES DISTRICT JUDGE July 11, 2017 LETTER ORDER Re: Wolfe v. Derrick Marine, Inc., et al. Civil Action No. 16-8026 (ES) (MAH) Dear Counsel: On January 12, 2017, Plaintiff requested entry of default under Federal Rule of Civil Procedure 55(a) by the Clerk of Court. (D.E. No. 4). But the Clerk of Court has not entered default—which is a prerequisite for default judgment. See, e.g., Husain v. Casino Control Comm’n, 265 F. App’x 130, 133 (3d Cir. 2008). Having reviewed the executed summons returned in this case (D.E. No. 3), the Court hereby orders Plaintiff to show cause how service of the Complaint and Summons meets the requirements of Federal Rule of Civil Procedure 4. In particular, Plaintiff must address the propriety of: (1) naming Defendants’ purported counsel under the “Name and address of Defendant” (see D.E. No. 3 at 1 (emphasis added)) and (2) effecting service “by mail through U.S. Postal Service . . . by certified mail, return receipt requested” (see D.E. No. 3 at 2). Plaintiff shall show cause by no later than 30 days from this Order by way of a letter to this Court filed on the CM/ECF System. As such, without the entry of default by the Clerk of Court, the Court must DENY without prejudice the pending motion for default judgment. (D.E. No. 9). The Clerk of Court shall terminate Docket Entry No. 9. SO ORDERED. s/Esther Salas Esther Salas, U.S.D.J.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?