MCA Ventures, LLC v. Keppel Brothers, LLC, 17-2569-JWL. (2017)
Court: District Court, D. Kansas
Number: infdco20171128a10
Visitors: 6
Filed: Nov. 27, 2017
Latest Update: Nov. 27, 2017
Summary: MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . Plaintiff has moved for default judgment pursuant to Fed. R. Civ. P. 55 against both defendants (Doc. # 9), based on defendants' failure to respond to the complaint on or before the extended deadline of November 20, 2017. The Court denies the motion. Rule 55(b) allows for a default judgment only if default has first been entered against the defendant by the Clerk of Court under Rule 55(a). See Fed. R. Civ. P. 55; Federal Ins. C
Summary: MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . Plaintiff has moved for default judgment pursuant to Fed. R. Civ. P. 55 against both defendants (Doc. # 9), based on defendants' failure to respond to the complaint on or before the extended deadline of November 20, 2017. The Court denies the motion. Rule 55(b) allows for a default judgment only if default has first been entered against the defendant by the Clerk of Court under Rule 55(a). See Fed. R. Civ. P. 55; Federal Ins. Co..
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MEMORANDUM AND ORDER
JOHN W. LUNGSTRUM, District Judge.
Plaintiff has moved for default judgment pursuant to Fed. R. Civ. P. 55 against both defendants (Doc. # 9), based on defendants' failure to respond to the complaint on or before the extended deadline of November 20, 2017. The Court denies the motion. Rule 55(b) allows for a default judgment only if default has first been entered against the defendant by the Clerk of Court under Rule 55(a). See Fed. R. Civ. P. 55; Federal Ins. Co. v. Cessna Aircraft Co., 2017 WL 2905576, at *1 (D. Kan. July 7, 2017) (Lungstrum, J.) (citing authorities). Plaintiff has not applied to the Clerk for entry of default, and it therefore may not yet seek a default judgment under Rule 55(b).
IT IS SO ORDERED.
Source: Leagle
