Ampro Industries, Inc. -v- Dr. Farrah Gray Publishing

Filing 14

ORDER denying Motion for Default Judgment Without Prejudice. Signed by Judge Samuel H. Mays, Jr on 5/29/2013.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

AMPRO INDUSTRIES, INC.,

)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
DR. FARRAH GRAY PUBLISHING,
LLC,
Defendant.

No. 12-2696

ORDER DENYING MOTION FOR DEFAULT JUDGMENT WITHOUT PREJUDICE

On December 4, 2012, the Clerk of Court entered default
against Defendant Dr. Farrah Gray Publishing, LLC (“Farrah Gray
Publishing”).

(Entry of Default, ECF No. 12.)

is

Ampro

Plaintiff

Industries,

Inc.’s

(“Ampro

December 4, 2012 Motion for Default Judgment.
J., ECF No. 13.)

Before the Court
Industries”)

(Mot. for Default

Farrah Gray Publishing has not responded and

the time for doing so has passed.

For the following reasons,

Ampro Industries’ Motion for Default Judgment is DENIED WITHOUT
PREJUDICE.
Under Local Rule 7.2(a)(1), “only those motions in civil
cases that include or are accompanied by a supporting memorandum
of

facts

and

law”

will

be

accepted.

W.D.

Tenn.

Civ.

R.

7.2(a)(1) (emphasis added).
accident.”

Local Rules are “not developed by

Greer v. Home Realty Co. of Memphis, Inc., No. 2:07-

cv-02639-SHM-egb,

2010

Tenn. July 12, 2010).

U.S.

Dist.

LEXIS

142817,

at

*6

(W.D.

They help parties “save time and expense”

by providing the Court with the information it needs to arrive
at a decision.
Ampro

Id.

Industries

has

failed

facts and law with its Motion.

to

provide

a

memorandum

of

The Sixth Circuit has stated

that a memorandum of law requires only a “short and concise
statement of issues justifying the grant of relief sought, in
addition to citing supporting authorities.”

Intera Corp. v.

Henderson, 428 F.3d 605, 614 (6th Cir. 2005) (internal citations
and quotation marks omitted) (interpreting Local Rule 8(b)(2) of
the

Middle

District

of

Tennessee).

Ampro

Industries’

one-

paragraph motion states that, “pursuant to Rule 55(b) of the
Federal Rules of Civil Procedure, [it] requests the Court enter
a judgment by default against [] Farrah Gray Publishing. . . .
In support of this request, the Plaintiff relies on the record
in this case and the affidavit submitted herein.”
Default J.)

(Mot. for

The Motion provides insufficient support for entry

of a default judgment.
A

court’s

default

judgment

is

invalid

subject-matter and personal jurisdiction.

unless

it

has

See, e.g., Citizens

Bank v. Parnes, 376 F. App’x 496, 501 (6th Cir. 2010) (“Personal
2

jurisdiction over a defendant is a threshold issue that must be
present to support any subsequent order of the district court,
including entry of the default judgment.”) (citing Kroger Co. v.
Malease Foods Corp., 437 F.3d 506, 510 (6th Cir. 2006)); see
also

HICA

Educ.

Loan

Corp.

v.

Lackie,

No.

11-2894,

2013

WL

633216, at *1 (W.D. Tenn. Feb. 20, 2013) (“Courts are obligated
to

consider

subject-matter

and

personal

before entering default judgment.”).
declaratory
rights

judgment,

have

been

it

is

jurisdiction

.

.

In this action seeking a

unclear

that

Ampro

or,

infringed

.

its

rights

if

infringed, that the controversy is ripe.

Industries’
have

been

It is also unclear

whether the Court may exercise personal jurisdiction over Farrah
Gray Publishing, an out-of-state defendant whose only contacts
with the forum are alleged to be sending one cease-and-desist
letter and distributing a book throughout the United States,
including the Western District of Tennessee.
Ampro

Industries’

WITHOUT PREJUDICE.

Motion

for

Default

Judgment

is

DENIED

Should Ampro Industries elect to re-file, it

is instructed to file an accompanying memorandum of facts and
law

addressing

ripeness

for

decision

and

the

Court’s

jurisdiction.
So ordered this 29th day of May, 2013.

s/ Samuel H. Mays, Jr.__________
3

SAMUEL H. MAYS, JR.
UNITED
STATES
DISTRICT

4

JUDGE