NOEL L. HILLMAN, District Judge.
WHEREAS, on October 10, 2018, Plaintiff filed this action to collect payment from Defendant for agricultural products provided to Defendant by Plaintiff
WHEREAS, pending before Court is Plaintiff's motion for the entry of default judgment pursuant to Federal Civil Procedure Rule 55; and
WHEREAS, Rule 55 provides that obtaining a default judgment is a two-step process: first, when a defendant has failed to plead or otherwise respond, a plaintiff may request the entry of default by the Clerk of the Court, Fed. R. Civ. P. 55(a), and second, after the Clerk has entered the party's default, a plaintiff may then obtain a judgment by default by either (1) asking the Clerk to enter judgment, if the judgment is a sum certain, or (2) applying to the Court, Fed. R. Civ. P. 55(b); and
WHEREAS, Plaintiff requested the entry of default by the Clerk, and the Clerk entered default on December 28, 2018; and
WHEREAS, Plaintiff filed a motion for default judgment pursuant to Rule 55(b)(2); but
WHEREAS, Plaintiff is seeking a sum certain for payment of an outstanding invoice for agricultural goods
Therefore,
IT IS HEREBY on this
ORDERED that the Clerk of the Court is directed to enter the judgment of default, pursuant to Fed. R. Civ. P. 55(b)(1), in favor of Plaintiff Helena Agri-Enterprises, LLC and against Defendant Conewago Orchards, Inc. in the sum of $97,813.54; and it is further
ORDERED that Plaintiff's motion for default judgment [9] be, and the same hereby is, DENIED AS MOOT.