Alig-Mielcarek v. Jackson et al

Filing 32

ORDER denying without prejudice 30 Motion for Default Judgment. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/22/2011. (kjm1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
JANA M. ALIG-MIELCAREK, Ph.D.,
Plaintiff,
Civil Action 2:11-cv-00255
Judge Edmund A. Sargus
Magistrate Judge E.A. Preston Deavers

v.

DERRELL L. JACKSON, Ed.D., et al.,
Defendants.
ORDER
This matter is before the Court for consideration of Plaintiff's Motion for Default
Judgment (ECF No. 30). For the reasons that follow, the Court DENIES Plaintiff's Motion
WITHOUT PREJUDICE.
The docket fails to indicate that prior to seeking a default judgment, Plaintiff first
obtained an entry of default as contemplated by Federal Rule of Civil Procedure 55(a). An entry
of default is distinct from entry of a default judgment. See O.J. Distrib., Inc. v. Hornell Brewing
Co., Inc., 340 F.3d 345, 353 (6th Cir. 2003); S.D. Ohio Civ. R. 55.1(b). By asking only for a
default judgment, Plaintiff has failed to follow the sequential procedure set forth in Rule 55. See
Brantley v. Runyon, No. C-1-96-842, 1997 WL 373739, at *1 (S.D. Ohio June 19, 1997) (“In
order to obtain a default judgment under Rule 55(b)(2), there must first be an entry of default as
provided by Rule 55(a).” (citation omitted)). For this additional reason, the Court cannot enter a
default judgment under Rule 55(b) at this juncture. Cf. O.J. Distrib., Inc., 340 F.3d . at 352
(“‘Rule 55 permits the clerk to enter a default when a party fails to defend an action as required.
The court may then enter default judgment.’” (emphasis added)) (quoting Weiss v. St. Paul Fire

& Marine Ins. Co., 283 F.3d 790, 794 (6th Cir. 2002)).
Accordingly, the Court DENIES Plaintiff’s Motion for Default Judgment (ECF No. 30)
WITHOUT PREJUDICE.
IT IS SO ORDERED.

Date: June 22, 2011

/s/ Elizabeth A. Preston Deavers
Elizabeth A. Preston Deavers
United States Magistrate Judge

2