Crescent Bank & Trust v. Z Auto Place, LLC

Filing 8

ORDER STRIKING 7 Request for Entry of Default.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Southern District of Texas

ENTERED
January 04, 2018
David J. Bradley, Clerk

CRESCENT BANK & TRUST ,
Plaintiff,
v.
Z AUTO PLACE , LLC,
Defendant.

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CIVIL ACTION H-17-3034

O RDER
Pending before the court is a request for entry of default (Dkt. 7) filed by plaintiff Crescent
Bank & Trust under Fed. R. Civ. P. 55(a). However, the court’s procedures require that a party
seeking a default judgment (1) file a motion for default judgment under Rule 55(b)(2); (2) follow
Local Rule 5.5, which requires that the motion for default judgment be served on the defendant by
certified mail, return receipt requested; and (3) comply with the Servicemembers Civil Relief Act.
See Judge Miller’s Procedures ¶ 6(E). Because plaintiff filed a request for clerk’s entry of default
under Rule 55(a) and not a motion for default judgment, the court STRIKES the request for failing
to comply with the court’s procedures.
A motion for default judgment shall be properly filed within twenty days of the date of this
order.
Signed at Houston, Texas on January 4, 2018.

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Gray H. Miller
United States District Judge