Chambers v. Mega Manufacturing, Inc., et al

Filing 23

ORDER denying without prejudice #21 Plaintiff's Motion for Default Judgment. Signed by District Judge Martin Reidinger on 02/24/2014. (thh)

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., and )
ALLSTEEL,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Default
Judgment against the Defendant Allsteel [Doc. 21].
The Plaintiff initiated this wrongful death action against Defendants
Mega Manufacturing, Inc. (Mega Manufacturing) and Allsteel on July 15,
2013. [Doc. 1-2]. Mega Manufacturing removed the action to this Court on
August 22, 2013.

[Doc. 1].

On February 4, 2014, the Clerk of Court

entered default against Defendant Allsteel based on its failure to answer or
otherwise respond to the Plaintiff’s Complaint. [Doc. 20]. The Plaintiff now

moves for the entry of a default judgment against this Defendant. [Doc.
21].
The Plaintiff’s Motion for Default Judgment is premature at this time.
It is well-established that “when one of several defendants who is alleged to
be jointly liable defaults, judgment should not be entered against that
defendant until the matter has been adjudicated with regard to all
defendants, or all defendants have defaulted.” 10A Charles Alan Wright,
Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2690
(3d ed. 2008). This rule is equally applicable beyond the context of joint
and several liability to “situations in which several defendants have closely
related defenses.” Id.; see also United States ex rel. Hudson v. Peerless
Ins. Co., 374 F.2d 942, 944-45 (4th Cir. 1967).

Here, the Defendants

named in this action are alleged to be jointly and severally liable to the
Plaintiff under several theories.

At the very least, it would appear that

Allsteel could raise defenses which are closely related to defenses raised
by Mega Manufacturing.

For these reasons, the Court finds that the

appropriate procedure for the Plaintiff to follow is to await a final ruling on
the merits as to the remaining Defendant before seeking the entry of a
default judgment against Allsteel. See, e.g., Scottsdale Ins. Co. v. Dennis

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Ins. Group, Inc., No. 3:08-cv-00173-FDW, 2009 WL 81213, at *1 (W.D.N.C.
Jan. 9, 2009).
Accordingly, the Plaintiff’s Motion for Default Judgment [Doc. 21] is
DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Signed: February 24, 2014

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