Snow v. Global Credit and Collection Corporation, et al

Filing 10

ORDER denying 9 Motion for Reconsideration regarding 8 Order for Motion for Entry of Default - Signed by Julie A. Richards, Clerk of Court on 02/25/2014. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:13-CV-721-FL
MARIANSNOW,
Plaintiff,
v.

GLOBAL CREDIT AND COLLECTION
CORPORATION and GLOBAL
INTERNATIONAL,
Defendants.

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ORDER

This matter is before the undersigned on pro se plaintiff Marian Snow's "motion for clerk
to reconsider default judgment order on defendant Global Credit and Collections Corporation based
upon corrected documentation."
On January 13, 2014, the court denied plaintiffs motion for entry of default based on a lack
of proof of service on defendant Global Credit and Collection Corporation [DE 8].

Instead of

refiling the motion for entry of default pursuant to Rule 55(a) of the Federal Rules of Civil
Procedure, plaintiff has filed a motion for reconsideration of the January 13, 2014 order [DE 9],
seeking entry ofjudgment by default pursuant to Rule 55(b)(1 ). Plaintiffs corrected documentation
attached to the motion for reconsideration is an un-dated proof of service from a process server
stating that he mailed the summons, not the summons and complaint, by certified mail on October
15, 2013 to CT Corporation System, on behalf of defendant Global Credit and Collection
Corporation. The date on the certified mail receipt addressed to CT Corporation System, signed by
Holly Frost, is October 17, 2013, two days later.
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Before a default judgment may be granted, a default under Rule 55(a) must first have been
properly sought by the plaintiff and entered by the court. As the motion for reconsideration seeks
entry of judgment and not default, the motion for reconsideration must be denied.
In order to satisfy the court that the plaintiff has properly served the defendant in accordance

with the federal rules and that the defendant has failed to plead or otherwise defend, the plaintiff
shall accompany any future motion for entry of default with a sworn affidavit indicating the correct
date and manner of service in compliance with Rule 4(c)(1) and (2) of the Federal Rules of Civil
Procedure.

/)~

This the--~- day of February, 2014.

JU

A. RICHARDS, CLERK

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