MYERS v. WATKINS, 5:12cv259/RS/EMT. (2014)
Court: District Court, N.D. Florida
Number: infdco20140630b56
Visitors: 1
Filed: Jun. 13, 2014
Latest Update: Jun. 13, 2014
Summary: REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY, Magistrate Judge. This cause is before the court on Plaintiff's document titled "Entering a Default Judgment Rule 55 of the Federal Rules of Civil Procedure" (doc. 86). Rule 55 provides, in relevant part: (a) Entering a Default. 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 affidavit or otherwise, the clerk must enter the party's default. (b) Enterin
Summary: REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY, Magistrate Judge. This cause is before the court on Plaintiff's document titled "Entering a Default Judgment Rule 55 of the Federal Rules of Civil Procedure" (doc. 86). Rule 55 provides, in relevant part: (a) Entering a Default. 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 affidavit or otherwise, the clerk must enter the party's default. (b) Entering..
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REPORT AND RECOMMENDATION
ELIZABETH M. TIMOTHY, Magistrate Judge.
This cause is before the court on Plaintiff's document titled "Entering a Default Judgment Rule 55 of the Federal Rules of Civil Procedure" (doc. 86). Rule 55 provides, in relevant part:
(a) Entering a Default. 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 affidavit or otherwise, the clerk must enter the party's default.
(b) Entering a Default Judgment.
(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk—on the plaintiff's request, with an affidavit showing the amount due—must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.
(2) By the Court. In all other cases, the party must apply to the court for a default judgment.
Fed. R. Civ. P. 55(a), (b).
In the instant case, the court previously granted Defendant Watkins' motion for extension of time to file a response to the Fourth Amended Complaint, setting a deadline of June 2, 2014 (see docs. 71, 72). Defendant filed an answer on June 2, 2014 (doc. 83). Therefore, the conditions for entering a default are not satisfied, and Plaintiff is not entitled to a default judgment.
Accordingly, it is respectfully RECOMMENDED:
That Plaintiff's request for "Entering a Default Judgment Rule 55 of the Federal Rules of Civil Procedure" (doc. 86) be DENIED.
Source: Leagle
