JAMES v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES et al

Filing 24

ORDER denying 22 Motion for Default Judgment. Signed by Judge Brian R. Martinotti on 3/7/2019. (km)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
____________________________________
:
:
:
Plaintiff,
:
:
v.
:
:
:
NEW JERSEY DEPARTMENT OF
:
HEALTH AND SENIOR SERVICES, et al., :
:
Defendants.
:
____________________________________:

DR. DARREN JAMES,

Civil Action No. 3:18-cv-10461-BRM-TJB

ORDER

THIS MATTER is opened to the Court on Plaintiff Dr. Darren James’s (“James”) Motion
for Default and Default Judgment. (ECF No. 22.)
IT APPEARING THAT:
1. Defendants filed a motion to dismiss on October 25, 2018 (ECF No. 10);
2. James moved to amend his complaint on November 19, 2018 (ECF No. 12);
3. The Court terminated the motion to dismiss pending a decision on the motion to
amend (ECF Nos. 12, 13);
4. The motion to amend is fully briefed (ECF Nos. 12, 18, 20) and does not require
further briefing from the parties;
5. Defendants have not failed to plead or otherwise defend, and therefore, neither
default nor default judgment is appropriate at this stage. See Fed. R. Civ. P. 55.
Accordingly, for the reasons set forth above and for good cause appearing,
IT IS on this 7th day of March 2019,

ORDERED that James’s Motion for Default and Default Judgment (ECF No. 22) is
DENIED.

/s/ Brian R. Martinotti
HON. BRIAN R. MARTINOTTI
UNITED STATES DISTRICT JUDGE

2