Samples v. Henderson, Weinstein, Wyatt and Associates, Inc.

Filing 19

ENTRY OF DEFAULT: Pending is Plaintiff's Motion for Default Judgment against Defendant Henderson, Weinstein, Wyatt & Associates, Inc. 14 . The Clerk will construe this motion as a request to enter default. The motion as construed is granted. Se rvice was made upon Defendant on 2/7/2011. No answer or responsive pleading has been filed by Defendant. Accordingly, entry of default is appropriate and default is hereby entered against Defendant Henderson, Weinstein, Wyatt & Associates, Inc.. Plaintiff may now proceed under Federal Rule of Civil Procedure 55(b) and file a motion seeking a default judgment. Signed by Clerk of Court Keith Throckmorton on 5/9/11. (dt) Modified Text on 5/9/2011 (dt).

IN THE UNITED STATES DISTRICT COURT
THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
Stephen Samples,

)
) Case No. 3:11-cv-0024
Plaintiff,
)
) Judge Nixon
v.
) Magistrate Judge Knowles
)
Leon H. Martin, III, and Henderson, Weinstein, )
Wyatt and Associates, Inc.,
)
)
Defendants,
)
ENTRY OF DEFAULT
Pending is Plaintiff’s Motion for Default Judgment against Defendant Henderson, Weinstein,
Wyatt & Associates, Inc. (Docket Entry No. 14). The Clerk will construe this motion as a request to
enter default pursuant to Federal Rule of Civil Procedure 55(a). The grant of a default judgment is a
two part process and no default judgment may be granted pursuant to FRCP 55(b) until default has
been entered pursuant to FRCP 55(a). Ramada Franchise Systems, Inc. v. Baroda Enterprises, LLC
220 F.R.D. 303 (N.D. Ohio 2004).
The motion as construed is granted. Service was made upon Defendant on February 7, 2011.
No answer or responsive pleading has been filed by Defendant. Accordingly, entry of default is
appropriate and default is hereby entered against Defendant Henderson, Weinstein, Wyatt &
Associates, Inc.. Plaintiff may now proceed under Federal Rule of Civil Procedure 55(b) and file a
motion seeking a default judgment.
s/ Keith Throckmorton
Keith Throckmorton
Clerk of Court
1