Filed: Feb. 27, 2018
Latest Update: Feb. 27, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiffs' Motion for Entry of Judgment (Doc. 20) filed on February 22, 2018. Nearly six years ago, the Court found in Plaintiffs' favor against Defendants, jointly and severally, in the amount of $33,134.72, pursuant to Federal Rule of Civil Procedure 55(b) and directed the Clerk to enter judgment. (Doc. 18). Instead of entering a judgment, the Clerk entered a "Clerk's Default" under Federal Rule of
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiffs' Motion for Entry of Judgment (Doc. 20) filed on February 22, 2018. Nearly six years ago, the Court found in Plaintiffs' favor against Defendants, jointly and severally, in the amount of $33,134.72, pursuant to Federal Rule of Civil Procedure 55(b) and directed the Clerk to enter judgment. (Doc. 18). Instead of entering a judgment, the Clerk entered a "Clerk's Default" under Federal Rule of C..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiffs' Motion for Entry of Judgment (Doc. 20) filed on February 22, 2018. Nearly six years ago, the Court found in Plaintiffs' favor against Defendants, jointly and severally, in the amount of $33,134.72, pursuant to Federal Rule of Civil Procedure 55(b) and directed the Clerk to enter judgment. (Doc. 18). Instead of entering a judgment, the Clerk entered a "Clerk's Default" under Federal Rule of Civil Procedure 55(a). (Doc. 19). Plaintiffs now move the Court to direct the Clerk to enter final judgment nunc pro tunc so that it may enforce the judgment that the Court previously ordered (Doc. 18).
An error of the Clerk may be corrected pursuant to Federal Rule of Civil Procedure 60(a), which says the "court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record." Fed. R. Civ. P. 60. Under this rule, a district court may "correct clerical errors to reflect what was intended at the time of ruling," but "errors that affect substantial rights of the parties . . . are beyond the scope of rule 60(a)." Weeks v. Jones, 100 F.3d 124, 128 (11th Cir. 1996) (citations omitted). As discussed above, the Court clearly directed that judgment — not a clerk's default — be entered. Because of the Clerk's oversight and clerical error, the Court grants Plaintiffs' motion for a nunc pro tunc order to correct the error.
Accordingly, it is now
ORDERED:
(1) Plaintiffs' Motion for Entry of Judgment (Doc. 20) is GRANTED. The Clerk's Default (Doc. 19) is stricken because of the Clerk's error and the Clerk is directed to note the docket accordingly.
(2) The Clerk is DIRECTED to enter judgment nunc pro tunc in favor of Plaintiffs and against Defendants Jeff Pequeno and Lionel Pequeno, jointly and severally, in the amount of $33,134.72, dated April 2, 2012.
DONE and ORDERED.
