Wilson v. National Bikers Roundup Inc. et al
ORDER advising Defendant Butler that he has until January 3, 2018 to file a response in opposition to Plaintiff's 72 motion for default judgment. Signed by Magistrate Judge Shiva V. Hodges on 12/4/2017. (bgoo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James A. Wilson,
National Bikers Roundup Inc.,
Columbia SC Roundup Committee,
Rozell Nunn d/b/a R&R Enterprise and
Rozell Nunn, individually, Albert
Butler, and Sheldon Mickens,
C/A No.: 3:15-4862-MGL-SVH
This matter comes before the court on the motion [ECF No. 72] of James A.
Wilson (“Plaintiff”) for a default judgment against defendant Albert Butler (“Butler”).
The motion is accompanied by the affidavit of Meliah Bowers Jefferson, attorney for
Plaintiff. The docket reflects that Butler was served on March 8, 2017 [ECF No. 54], and
he has failed to appear or plead in the case.
Pursuant to Rule 55(a), Fed. R. Civ. P., “when a party against whom a judgment
for affirmative relief is sought has failed to plead or otherwise defend, and that failure is
shown by affidavit or otherwise, the clerk must enter the party’s default.” The clerk first
entered default against Butler on May 15, 2017. [ECF No. 58]. Default having been
entered against Butler, he is deemed to have admitted the factual allegations of the
complaint against him. All that remains is assessing the amount of damages against
Butler. By its motion, Plaintiff asks that judgment be entered against Butler for $150,000
in statutory damages and $10,000 in attorney’s fees and costs. Defendant Butler has until
January 3, 2018,1 to file a response in opposition to Plaintiff’s motion for default
judgment. If Butler fails to respond substantively and adequately, the court may grant the
motion and enter default judgment against him in the amount requested in Plaintiff’s
motion. Butler’s filing in opposition to the motion should be titled “Response to Motion
for Default Judgment.”
IT IS SO ORDERED.
December 4, 2017
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
A virtually identical order was previously issued on November 2, 2017. [ECF No. 74].
However, because of an error by the Clerk of Court’s office, the order was sent to the
wrong address. Therefore, the undersigned issues this order again, but with an updated
deadline for Butler.
Federal Rule of Civil Procedure 55. Default; Default Judgment
(a) Entering a Default. When a party against whom a judgment for affirmative relief is
sought has failed to plead or otherwise defend, and that failure is shown by affidavit or
otherwise, the clerk must enter the party's default.
(b) Entering a Default Judgment.
(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be
made certain by computation, the clerk--on the plaintiff's request, with an affidavit
showing the amount due--must enter judgment for that amount and costs against a
defendant who has been defaulted for not appearing and who is neither a minor
nor an incompetent person.
(2) By the Court. In all other cases, the party must apply to the court for a default
judgment. A default judgment may be entered against a minor or incompetent
person only if represented by a general guardian, conservator, or other like
fiduciary who has appeared. If the party against whom a default judgment is
sought has appeared personally or by a representative, that party or its
representative must be served with written notice of the application at least 7 days
before the hearing. The court may conduct hearings or make referrals--preserving
any federal statutory right to a jury trial--when, to enter or effectuate judgment, it
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by evidence; or
(D) investigate any other matter.
(c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of
default for good cause, and it may set aside a final default judgment under Rule 60(b).
(d) Judgment Against the United States. A default judgment may be entered against the
United States, its officers, or its agencies only if the claimant establishes a claim or right
to relief by evidence that satisfies the court.
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