Chambers v. Mega Manufacturing, Inc., et al

Filing 18

ORDER denying #17 Motion for Default Judgment against Defendant Allsteel without prejudice. Signed by District Judge Martin Reidinger on 1/27/2014. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00232-MR-DLH

ANGELA FAYE CHAMBERS, as
Personal Representative of
Christopher Ryan Reese,
deceased,

)
)
)
)
)
Plaintiff,
)
)
vs.
)
)
MEGA MANUFACTURING, INC., a
)
Corporation; and ALLSTEEL, a
)
Corporation,
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Default
Judgment against Defendant Allsteel [Doc. 17].
On January 16, 2014, the Court entered an Order directing the
Plaintiff to file an appropriate motion or otherwise take further action with
respect to Defendant Allsteel. [Doc. 16]. On January 24, 2014, the Plaintiff
filed the present motion seeking a default judgment against Allsteel for
failing to appear, answer, and/or otherwise defense this action. [Doc. 17].
The Plaintiff’s motion is premature. Before a default judgment can be
entered against a non-answering defendant, a plaintiff must first seek the

entry of default. Fed. R. Civ. P. 55(a). Only once a defendant has been
defaulted may a plaintiff seek a default judgment against that defendant.
Because the Plaintiff has not yet sought the entry of default as to
Defendant Allsteel, the Plaintiff’s motion for default judgment will be denied.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Default
Judgment against Defendant Allsteel [Doc. 17] is DENIED WITHOUT
PREJUDICE.
IT IS SO ORDERED.

Signed: January 27, 2014

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