SolutionStream v. 3D Footprints

Filing 20

MEMORANDUM DECISION AND ORDER denying 14 Motion for Entry of Default on Counterclaims. Signed by Judge David Nuffer on 2/14/18 (alt)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION SOLUTIONSTREAM, a Utah limited liability MEMORANDUM DECISION AND company, ORDER DENYING [14] MOTION FOR DEFAULT ON COUNTERCLAIMS Plaintiff, v. Case No. 2:17-cv-00605-DN 3D FOOTPRINTS, an Oregon corporation, District Judge David Nuffer Defendant. In responding to the complaint by plaintiff SolutionStream, defendant 3D Footprints 1 asserted counterclaims with its answer. 2 The counterclaims were filed June 15, 2017. After more than seven months, SolutionStream had not filed a response to the counterclaims, although both parties participated in the litigation, including an attorneys planning meeting, in the interim. 3D Footprints has filed a Motion for Entry of Default (the “Motion”). 3 Just before the Motion was filed, on the same day, SolutionStream filed its Reply to Counterclaim. 4 The Motion can be resolved without a response from SolutionStream. Applying Rule 55(a) of the Federal Rules of Civil Procedure, the Motion is denied. Rule 55(a), the rule governing entry of default, provides: “When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by 1 The defendant contends that Cropper Medical, Inc. is the proper party in interest and that 3D Footprints is a DBA. For convenience, the defendant is referred to as “3D Footprints.” 2 Answer by Cropper Medical, Inc. to Complaint, Affirmative Defenses and Counterclaims, docket no. 4, filed June 15, 2017. 3 Docket no. 14, filed February 5, 2018. 4 Docket no. 12, filed February 5, 2018. affidavit or otherwise, the clerk must enter the party’s default.” 5 At the time the Motion was filed, SolutionStream had not “failed to plead or otherwise defend.” 6 SolutionStream no doubt was alerted to the need to file its response be 3D Footprints’ mistaken filing of a motion for default judgment—which must be preceded by entry of default under Rule 55. In any case, a default would not serve the purpose of Rule 55 here, where SolutionStream is actively litigating the case and a response to the counterclaims is now in the record. THEREFORE, IT IS HEREBY ORDERED that the Motion 7 is DENIED. Dated February 14, 2018. BY THE COURT: ____________________________ David Nuffer United States District Judge 5 Fed. R. Civ. P. 55(a). 6 Id. 7 Docket no. 14. 2

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