Phoenix Capital Group, LLC v. Western Express Inc. et al

Filing 54

ENTRY OF DEFAULT: The Clerk hereby enters default against Third-Party Defendant FJ Logistics, LLC pursuant to Federal Rule of Civil Procedure 55(a). Third-Party Plaintiff may now proceed with a motion for default judgment pursuant to the appropriate subsection of Federal Rule of Civil Procedure 55(b). Signed by Clerk of Court, Keith Throckmorton on 10/12/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
Western Express, Inc.,
Third-Party Plaintiff,
v.
FJ Logistics, LLC,

Third-Party Defendant.

)
) Case No. 3:16-cv-0299
)
) Judge Crenshaw
)
)
)
)
)
ENTRY OF DEFAULT

Pending is Third-Party Plaintiff Western Express’s Motion for Default against Third-Party
Defendant FJ Logistics, LLC (Docket Entry No. 52). The Clerk will construe the motion as a request
for entry of default pursuant to Federal Rule of Civil Procedure (FRCP) 55(a), as no default judgment
may be granted pursuant to FRCP 55(b) until default has been entered pursuant to FRCP 55(a). U.S.
v. $22,050.00 U.S. Currency, 2008 WL 4093066 at page 3 (M.D. Tenn. Aug. 26, 2008); Ramada
Franchise Systems, Inc. v. Baroda Enterprises, LLC, 220 F.R.D. 303, 305 (N.D. Ohio 2004).
Third-Party Defendant FJ Logistics, LLC has been served and a return of service has been filed
with the Court (Docket Entry No. 46). No answer or other response has been filed and entry of default
is appropriate.

Accordingly, the Clerk hereby enters default against Third-Party Defendant FJ

Logistics, LLC pursuant to Federal Rule of Civil Procedure 55(a). Third-Party Plaintiff may now
proceed with a motion for default judgment pursuant to the appropriate subsection of Federal Rule of
Civil Procedure 55(b).
s/ Keith Throckmorton
Keith Throckmorton
Clerk of Court