Power Play Marketing Group, LLC v. Treasure Transportation, Inc. et al

Filing 26

ORDER denying 17 Motion for Default Judgment. Signed by U.S. District Judge Karen E. Schreier on 7/10/2014. (KC)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
POWER PLAY MARKETING GROUP,
INC.,
Plaintiff,
vs.
TREASURE TRANSPORTATION, INC.
and US TRUCK DELIVERY, INC.,
Defendants,
and
TREASURE TRANSPORTATION, INC.,
Third-Party Plaintiff,
vs.
AMAZON.COM, INC.,
Third-Party Defendant.

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CIV. 13-4087-KES

ORDER DENYING PLAINTIFF’S
MOTION FOR DEFAULT
JUDGMENT

Plaintiff, Power Play Marketing Group, Inc., moves for a default judgment against
defendant US Truck Delivery, Inc. pursuant to Rule 55(b)(1). Neither US Truck nor
defendant Treasure Transportation, Inc. has responded to Power Play’s motion for default
judgment.
Federal Rule of Civil Procedure 55(b)(1) provides:
If the plaintiff’s claim is for a sum certain . . . , 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[.]

Entry of default was filed by the clerk of court against US Truck on February 7, 2014.
Docket 14. US Truck has still not appeared. The issue, then, is whether a default judgment
should be entered against US Truck.
As a general rule, “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 Miller, Mary Kay Kane, Richard Marcus & Adam Steinman, Federal
Practice and Procedure § 2690 (3d ed. 2014). See also Westchester Fire Ins. Co. v. Mendez, 585 F.3d
1183, 1189 (9th Cir. 2009) (“It has long been established that, where there are several
defendants, the transgressions of one defaulting party should not ordinarily lead to the entry
of a final judgment, let alone a judgment fatal to the interests of other parties.”) (citing Frow
v. De La Vega, 82 U.S. 552, 554 (1872)). Power Play’s complaint appears to allege that US
Truck and Treasure Transportation are jointly liable for the damages Power Play seeks.
Docket 1 at 4. For this reason, the court finds it is the better practice to keep US Truck in
default and not enter judgment against it until the matter is adjudicated with regard to all
defendants. Accordingly, it is
ORDERED that plaintiff’s motion for default judgment (Docket 17) is denied
without prejudice.
Dated July 10, 2014.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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