Sharpe et al v. Sierra Leone Ministry of Surveys, Lands and Environment et al

Filing 29

ORDER adopting 23 the Report and Recommendation; denying without prejudice 27 Plaintiffs' Motion for Default Judgment. Signed by Judge Michael H. Watson on 9/4/15. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

James Johannes Sharpe, et al.,
Plaintiffs,
v.

Case No. 2:13-cv-187

Sierra Leone Ministry of Surveys,
Lands and Environment, et al.,

Judge Michael H. Watson

Defendants.
ORDER

James Johannes Sharpe and Ubadire Nathaniel Nwoko ("Plaintiffs") initiated
this breach of contract case on March 1, 2013. Thereafter, the Court referred the

matter to Magistrate Judge Terence Kemp for an initial review. ECF No. 22.

Magistrate Judge Kemp issued a Report and Recommendation ("R&R") and ordered
Plaintiffs to show cause. ECF No. 23. In response, Plaintiffs state that Magistrate
Judge Kemp did not error in his findings. Resp. 1, 3, ECF No. 24. Instead, they
note an adjusted damage total and their plan to respond to Judge Kemp's orders.
Id. at 3.

Magistrate Judge Kemp notified the parties of their right to file objections to
the R&R pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure
72(b). R&R 14-15, ECF No. 23. The R&R further specifically advised the parties
that the failure to object to the R&R within fourteen days would result in a waiver of

the right to de novo review by the District Judge as well as a waiver of the right to

appeal the decision of the District Court adopting the R&R. Id. at 15. The deadline
for filing such objections has passed, and no objections were filed.

Plaintiffs have also moved for default judgment. ECF No. 27. Plaintiffs, did
not, however, first obtain an entry of default as required under Federal Rule of Civil

Procedure 55(a) prior to seeking a default judgment. Accordingly, the Court cannot
enter a default judgment under Rule 55(b) at this juncture. 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)); cf. O.J. Distrib., Inc. v. Hornell Brewing

Co., Inc., 340 F.3d. 345, 352 (6th Cir. 2003) ("'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, having received no objections to Judge Kemp's findings, the
R&R, ECF No. 23, is ADOPTED and Plaintiffs' motion for default judgment, ECF No.
27, is DENIED WITHOUT PREJUDICE.
The Clerk shall remove ECF Nos. 23 and 27 from the Civil Justice Reform Act

motions report.
IT IS SO ORDERED.

\Jlyg/^y\
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:13-cv-187

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