Pressley et al v. Bird Brain, Inc. et al

Filing 18

ORDER denying as premature 17 Motion for Default Judgment. Signed by District Judge Martin Reidinger on 05/30/13. (Pro se litigant served by US Mail.)(emw) (Main Document 18 replaced on 5/30/2013) (emw). NEF regenerated.

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00060-MR-DLH

SANDRA PRESSLEY and DEAN
PRESSLEY,

)
)
)
Plaintiffs,
)
vs.
)
)
BIRD BRAIN, INC. and WAL-MART
)
STORES EAST, LP,
)
)
Defendants,
)
and
)
)
WAL-MART STORES EAST, LP,
)
)
Third Party Plaintiff,
)
vs.
)
)
SUSIE W. GIBSON, a/k/a Vivian Y.
)
Gibson,
)
)
Third Party Defendant.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiffs’ Motion for Entry
of Default Judgment against Bird Brain, Inc. [Doc. 17].
The Plaintiffs move pursuant to Rule 55(b)(2) of the Federal Rules of
Civil Procedure for the entry of a default judgment against the Defendant
Bird Brain, Inc. [Doc. 17]. The Plaintiffs, however, have not yet moved for

the entry of a default against this Defendant. In order to obtain a default
judgment, the Plaintiffs must first seek an entry of default pursuant to Rule
55(a).

Once the Clerk of Court has entered a default against the

Defendant, the Plaintiffs may then seek the entry of a default judgment.
See Fed. R. Civ. P. 55(b). Accordingly, the Plaintiffs’ motion for the entry of
a default judgment is premature.
IT IS, THEREFORE, ORDERED that the Plaintiffs’ Motion for Entry of
Default Judgment against Bird Brain, Inc. [Doc. 17] is DENIED as
premature.
IT IS SO ORDERED.

Signed: May 30, 2013

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