EVANS v. WALMART STORES EAST, INC.

Filing 5

ORDER; denying 4 Plaintiff's request for Default Judgment; Plaintiff did not request an entry of default by the Clerk of Court before filing the instant motion. Therefore, Plaintiff failed to follow the two-part process required when seeking a judgment of default from this Court; and the Clerk of Court shall terminate docket entry number 4; etc. Signed by Judge Esther Salas on 9/17/2019. (sms)

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

September 17, 2019

LETTER ORDER

Re:

Evans v. Wal-mart Stores East, Inc.
Civil Action No. 19-10450 (ES) (MAH)

Dear parties:
On September 13, 2019, plaintiff Evelyn Evans (“Plaintiff”) moved for default judgment
against defendant Walmart Stores East, Inc. (“Defendant”) pursuant to Federal Rule of Civil
Procedure 55 (b)(2). (See D.E. No. 4). For the following reasons, Plaintiff’s motion for default
judgment is denied.
To receive a judgment of default, a party must first seek the entry of default from the Clerk
of Court. Fed. R. Civ. P. 55(a) (“When a party against whom a judgment for affirmative relief is
sought has failed to plead or otherwise defend . . . the clerk must enter the party’s default.”).
“[E]ntry of default judgment is a two-part process; default judgment may be entered only upon the
entry of default by the Clerk of the Court.” Nationwide Mut. Ins. Co. v. Starlight Ballroom Dance
Club, 175 F. App’x 519, 521, n.1 (3d Cir. 2006). “Prior 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).” Limehouse v. Delaware, 144 F. App’x 921, 923 (3d Cir. 2005).
Plaintiff did not request an entry of default by the Clerk of Court before filing the instant
motion. Therefore, Plaintiff failed to follow the two-part process required when seeking a
judgment of default from this Court. Accordingly, Plaintiff’s request (D.E. No. 4) is DENIED,
without prejudice.
The Clerk of Court shall terminate docket entry number 4.
SO ORDERED.
s/Esther Salas
Esther Salas, U.S.D.J.