FRANKLIN v. THE JERSEY CITY HOUSING AUTHORITY
Filing
34
OPINION. N/M. Signed by Judge Susan D. Wigenton on 3/26/2024. (wh)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
EDWINA FRANKLIN,
Civil Action No. 23-2002 (SDW) (CLW)
Plaintiff,
OPINION
v.
THE JERSEY CITY HOUSING
AUTHORITY, SECRETARY,
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
March 26, 2024
Defendants.
WIGENTON, District Judge.
THIS MATTER having come before this Court upon pro se Plaintiff Edwina Franklin’s
(“Plaintiff”) Second Motion for Default Judgment (D.E. 31 (“Motion”)) against Defendant the
Jersey City Housing Authority (“the JCHA”) pursuant to Federal Rule of Civil Procedure (“Rule”)
55(b)(2); and
WHEREAS Plaintiff filed her Complaint against the JCHA (D.E. 1) on April 5, 2023. She
then filed an Amended Complaint (D.E. 9) on May 3, 2023. On June 20, 2023, Plaintiff obtained
an entry of default against the JCHA for failure to plead or otherwise respond. To date, the JCHA
has not filed an answer or otherwise defended itself in this action; and
WHEREAS on September 20, 2023, Magistrate Judge Waldor entered an order to
consolidate this action with Franklin v. Secretary, Department of Housing and Urban
Development, 2:23-cv-20357-SDW-CLW.
As a result, Plaintiff filed her Consolidated and
Amended Complaint against the JCHA and Defendant Secretary, Department of Housing and
Urban Development (“HUD”) in this action on October 17, 2023, (D.E. 17), and she filed proof of
service upon the JCHA (D.E. 20) on November 7, 2023. The Consolidated and Amended
Complaint alleges violations of the Fair Housing Act and the Equal Credit Opportunity Act by the
JCHA and HUD. (See generally D.E. 17); and
WHEREAS the Third Circuit has clearly stated that “[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).” Husain v. Casino Control Comm’n, 265 F. App’x 130, 133 (3d Cir. 2008) (quoting
10A Charles Alan Wright, Arthur R. Miller, Mary Kay Kane, Federal Practice and Procedure §
2682 (2007)); see also Nationwide Mut. Ins. Co. v. Starlight Ballroom Dance Club, Inc., 175 F.
App’x 519, 521, n.1 (3d Cir. 2006) (same); and
WHEREAS Plaintiff’s Motion fails for the same reason articulated in this Court’s January
23, 2024 opinion (D.E. 27) dismissing her first Motion for Default Judgment. At the time Plaintiff
filed her Motion, an entry of default against the JCHA had not yet been issued under Rule 55(a).
Because Plaintiff filed a Consolidated and Amended Complaint against the JCHA after this Court
entered a default against the JCHA for failure to plead or otherwise respond, she must request a
default against the JCHA from the Clerk’s Office again before she can move for default judgment.
Accordingly, this Court will dismiss Plaintiff’s Motion; therefore
Plaintiffs’ Motion is DISMISSED without prejudice. An appropriate order follows.
/s/ Susan D. Wigenton
SUSAN D. WIGENTON, U.S.D.J.
Orig: Clerk
cc:
Parties
Cathy L. Waldor, U.S.M.J.
2
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