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IBEW Local 269 Health & Welfare Fund v. Oliver Communications Group, Inc., 18-12494 (RBK/JS). (2019)

Court: District Court, D. New Jersey Number: infdco20190419j37 Visitors: 3
Filed: Apr. 18, 2019
Latest Update: Apr. 18, 2019
Summary: NOT FOR PUBLICATION ORDER ROBERT B. KUGLER , District Judge . THIS MATTER is before the Court on Plaintiffs' motion for default judgment (Doc. No. 6); and THE COURT NOTING that under Local Civil Rule 7.1(d)(1), "[n]o application will be heard" unless the movant files "a brief, prepared in accordance with L. Civ. R. 7.2," or, if the movant believes that no brief is necessary, the movant may file "a statement that no brief is necessary and the reasons therefor" under Local Civil Rule 7.1(
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NOT FOR PUBLICATION

ORDER

THIS MATTER is before the Court on Plaintiffs' motion for default judgment (Doc. No. 6); and

THE COURT NOTING that under Local Civil Rule 7.1(d)(1), "[n]o application will be heard" unless the movant files "a brief, prepared in accordance with L. Civ. R. 7.2," or, if the movant believes that no brief is necessary, the movant may file "a statement that no brief is necessary and the reasons therefor" under Local Civil Rule 7.1(d)(4); and

THE COURT NOTING that here, Plaintiffs did not file a brief or a statement that no brief is necessary; and

THE COURT NOTING that courts routinely deny motions for default judgment that do not comply with this rule, see, e.g., Marlboro Twp. Bd. of Educ. v. M.V., No. 17-cv-6319, 2018 WL 4110953, at *2 (D.N.J. Aug. 29, 2018) ("[T]he Court denied without prejudice Plaintiffs motion for default judgment based on its noncompliance with Local Civil Rule 7.1(d)(1), which requires that a movant submit a brief."); Sharon v. Chery, No. 15-cv-7130, 2016 WL 11325770, at *1 (D.N.J. Nov. 22, 2016) (denying without prejudice motion for default judgment when movant failed to abide by Local Civil Rule 7.1(d) and filed only a notice of motion, proposed order, and affidavit); Developers Sur. & Indem., Co. v. NDK Gen. Contractors, Inc., No. 06-cv-0086, 2007 WL 542381, at *2 (D.N.J. Feb. 15, 2007) ("Because Plaintiff's application does not meet the requirements of Local Civil Rule 7.1(d)(1), the Court will not hear Plaintiff's application. Accordingly, Plaintiff's motion for default judgment is denied."); and

IT IS HEREBY ORDERED that Plaintiffs' motion for default judgment is DENIED, WITHOUT PREJUDICE; Plaintiffs may file a renewed motion for default judgment that complies with the Local Rules on or before May 9, 2019.

Source:  Leagle

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